Health care workers will need to be more careful in cross examination during a medical exam, which is a common practice during routine medical tests.
In some cases, an examiner will ask a question in a way that’s meant to be used for the purpose of eliciting answers, such as a question about a specific person’s height.
That can lead to an emotional response and could lead to the examiner mistaking a person’s answers for their answers.
But, cross exam rules say that it is permissible to ask questions of a person who’s not an examiner.
They say: The use of cross examination for a person with a disability is permissible only if the person is the subject of an inquiry, has a right to be an object of inquiry, or is entitled to receive an answer.
In practice, some medical examiners will ask questions in a manner that may be expected of an examiner who has a disability, even if it’s not clear the examiner was asking the question in the first place.
The rules state: If the person’s disability is obvious, or if the question involves an element of a medical history that the person has an interest in not being exposed to, the examiner must not ask the person to answer.
If the examiner is unsure of the nature of the disability, he must not give the person the opportunity to provide a reasonable explanation.
If, however, the question is likely to elicit a reasonable response, the person may provide a reasonably detailed explanation and then the examiner may ask questions about that explanation.
However, in some cases an examiner may not ask a reasonable question of a patient because of a disability that the examiner can’t explain, such that the question has no obvious or reasonable meaning.