The Medical Defence Union has developed new guidance for doctors embarking on their first consultant post. In the eighth in a series of articles guiding you through the more common non-clinical challenges a consultant may face, Dr Mike Roddis from Healthcare Performance discusses the role of expert witnesses.
Expert witnesses play a part in many court proceedings and committees. Medical professionals with sufficient experience in their chosen field are often called upon to provide an impartial opinion, based on their medical knowledge and expertise.
The role of an expert witness is a very important one. The information they provide is used in official proceedings such as those in a court of law and will impact the overall outcome of the case. Therefore, it is important that any medical professional considering taking on the role, has the necessary experience in the appropriate field.
What experience is needed to become an expert witness?
When considering whether the time is right to become an expert witness, medical professionals should remember that experience is key. It is necessary to have an extensive level of background knowledge in a specialism before becoming an expert witness and this level is unlikely to be reached without at least 10-15 years’ experience of working in that area.
Once the decision has been made to become an expert witness, many medical professionals decide to sign up for specialist training courses aimed at training experts in writing reports, the legal process and court appearances.
Once completed, these training courses can be added to the doctor’s CV which should provide a comprehensive overview of all experience, including teaching posts, publications and lectureships. There are directories which contain details of all the expert witnesses in the UK. Usually once a doctor decides that they would like to be an expert witness, they will apply to be a member of one of these directories.
What does an expert witness do?
Once registered as an expert witness, there are a number of duties that a medical professional may be requested to fulfil. In any case, an expert witness may need to do one or all of these:
1. Report writing
Report writing is a key starting point of an expert witness’s involvement in a case. Once the relevant documents are available, they will have to write a carefully considered report, which must express an independent opinion about the medical issues. The report must be supported with evidence such as published articles which have previously appeared in case journals or textbooks.
The conduct of civil cases is governed by the Civil Procedure Rules and an expert witness report must comply with these rules. These were created to ensure that experts are independent and reports are written for the court rather than the party that has requested it. The expert must sign the report at the end to declare that they understand, and have complied with, their duty to the Court. If an expert does not observe the rules, they may find they are subject to criticism and the credibility of their evidence and of their position as an expert witness may be brought into question.
2. Sharing report findings
An expert witness will work as part of a wider team of people involved in the case including barristers and solicitors and will need to discuss their expert opinion of the matter with other team members. This discussion allows solicitors an opportunity to discover any weaknesses in the case and uncover any further medical issues. The legal team is likely to then base their decision on how to proceed with the case based on the expert’s advice.
3. Meeting with other expert witnesses
In many cases, there will be multiple expert witnesses involved who are instructed by different parties. The expert witnesses are expected to meet to discuss the case and see if any details and opinions about the case can be agreed. This helps to narrow down the issues that have to be heard at trial.
4. Attending hearings
In general, cases are often resolved before the hearing stage. However, when a case does reach trial, either in court or at the GMC, experts witnesses are put to the test. They are expected to know their report in detail and be able to answer questions about it in both a competent and credible manner when they are cross-examined by the other party. It is important that any questions asked are answered fully and that the expert witness does not change or adjust their opinion under cross-examination so as not to undermine the credibility of the report.
All in the timing
When the time is right, working as an expert witness can be an exciting and fulfilling next step for a consultant. Although rewarding, it is also a challenging role and so it is vital that any consultant considering making the step into expert witness work ensures they have the necessary experience and knowledge to carry out the role fully and with credibility.