Overview of medical experts:
It’s most effective if a SART protocol is in place & followed: reduce victim trauma, keep actors within purpose of their roles; exchange information on how to conduct medical exam & interview, how to collect evidence; cross-train actors;
— SANE : nurse first, with training in evidence collection; primary purpose is treatment of the patient, not agent of police; hospital protocols require sexual assault forensic examination upon request; see, TCAP sample SANE direct12
— Medical hearsay: holistic treatment of patient’s physical and psychological injuries is
the norm; future treatment plan requires identity of threat; how med people testify makes
difference for admission. Read U.S. v. Gardinier, 65 M.J. 60, 65-66 (CAAF, 2007) for how not to
examine SANE; see TCAP direct exam of SANE: http://tinyurl.com/9mlkm8v ; Gardiner should
be argued as limited to the specific testimony in that case; many courts have admitted forensic
interviews as medical hearsay13
— social work : treatment of mental health requires information on nature of assault and
identity of offender;
–Medical records are discoverable. There is no medical records privilege in the MRE.
But see psychiatrist-patient privilege, MRE 513. TC should protect victim & move to redact
mental health records within the medical record.