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   Frequently Asked Questions  


The following are some of the most frequently asked questions regarding forensic toxicology or my consulting practice:
  

What is forensic toxicology?

The word "forensic" comes from the "Forum". The Roman forum was a place where public debate took place. Our justice system is an adversarial system; one side (the plaintiff or prosecution) argues their side of the dispute and the other side (the defendant) argues theirs. Thus the adjective "forensic" is sometimes applied to debate, but has come into more common useage as pertaining to anything having to do with the courts. The word "toxicology" is the study of toxic things. More to the point, it is the study of toxic substances and how the effect living things. For the purposes of my practice, these toxic substances are drugs and poisons, and the living things are humans. Summing up, forensic toxicology is the study of drugs and poisons and their effects on the human body for the purposes of legal proceedings.

Is forensic toxicology an exact science?

No, few things that involve the highly adaptive and diverse human body can be answered in exact terms. Many variables must be taken into account. Forensic toxicology should not be "practiced in a vacuum"; all the evidence should be taken into account by the toxicologist, not just a drug concentration value. When this is done, there is a great deal of ongoing research and historical information on which to base a highly-defensible informed scientific opinion. Sometimes experts will disagree. This can arise from honest differences in opinion, ignorance, or lack of objectivity. One would hope it would always be the first. On the other hand, issues involving the proof of ingestion of drugs or analytical analysis of specimens are based in analytical chemistry and often can be addressed with much more exacting answers.

What is pharmacokinetics?

Pharmacokinetics is a science falling under the broader umbrella of the well-established discipline of pharmacology. Pharmacokinetics is concerned with the study and characterization of the time course of drug absorption, distribution, metabolism, and excretion, and with the relationship of these processes to the intensity and time course of therapeutic and adverse effects of drugs. It involves the application of mathematical and biochemical techniques in a physiologic and pharmacologic context. (Gibaldi M, Levy G: Pharmacokinetics in clinical practice. JAMA 235:1864-1867, 1976)

On your welcome page you mention the "proper application of pharmacokinetics". What do you mean by that?

Many clinical professionals do not realize that there is a vast difference in antemortem and postmortem toxicology. In other words, many of the assumptions and variables used in antemortem pharmacology, etc., simply do not apply or must be applied differently if the subject is deceased. The list of things that must be considered is too long to discuss here, but once again this is a reason to retain an experienced forensic toxicologist.

Why would I want to retain a forensic toxicologist, why not a physician, pharmacist, or pharmacologist?

While physicians know a great deal about the human body and pharmacists and pharmacologists know about pharmaceutical products and pharmacology, respectively, their expertise is often specialized and is usually channeled into clinical applications. A forensic toxicologist, on the other hand, has spent his/her career studying pertinent information in physiology and in the pharmacology of clandestine substances as well as pharmaceutical products and poisons. Furthermore, forensic toxicologists are very aware that their work will be used in legal proceedings and are familiar with the requirements of that process. One further advantage of retaining a forensic toxicologist is that most forensic toxicologists are laboratorians as well, meaning they understand laboratory testing and the possible pitfalls of that process.

Will you work for either the plaintiff/prosecution or the defense?

As a forensic scientist, I am paid for the time I spend in researching, studying, forming, and reporting an objective scientific opinion. Which side of an argument that opinion benefits or damages is unrelated to whom is paying the bill. In my career, I have worked for both public and private laboratories. Much of that time I performed forensic toxicology services for law enforcement agencies as well as coroners and medical examiners. As a result, I have a great deal of experience in the prosecution side of the aisle, but I have testified for both the prosecution and the defense in criminal proceedings. In civil matters, I find that I have been retained mostly, if not exclusively, by the defense, but that is just a matter of who chose to retain me. I am perfectly willing to provide my services to any member of the legal community, it is up to them to decide if my opinion is helpful or damaging to their legal argument.

You have spent much of your career developing evidence to be used by the prosecution, why would you now offer your services to the defense as well?

Well actually I have never worked for a laboratory that served exclusively law enforcement clients. While our services were open to all comers, it was primarily law enforcement work that kept the bills paid. However, beyond that there are several good answers to your question. First, forensic science should be objective. As I have stated before, I am paid for the time spent in forming an objective opinion, based on the scientific evidence. Who pays the bill does not influence my opinion. Secondly, private citizens and defense attorneys seldom have access to the high-quality forensic science that the government has. To insure a fair judicial system, it is imperative that they do. And finally, while most forensic laboratories and forensic scientists do a great job, there are always some that do not. It hurts the integrity of forensic science and forensic scientists everywhere when poor practices are not called into question.

Can you perform forensic toxicology testing on my client's specimens?

The laboratory that I direct is in no way associated with my consulting business. I can, however, arrange for a blood alcohol analysis (BAC) on your client's specimen with a private, ASCLD/LAB certified lab. Or, for an added expense, perform the testing myself. I may in the future be able to add more testing. See my list of services for more information.

Do you charge for your services?

Well, of course. However, in the interest of good will, I will often answer short Email questions from attorneys, law enforcement personnel, and related individuals for free.

If I wish to retain you, how do I find out about your fees, etc.?

Send me an Email or give me a call and I will send you a fee schedule and contract.





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