• The Quality of Expert Evidence

    Tuesday, March 19th, 2019 posted in Expert Witness, Nigel Poole QC

    The Quality of Expert Evidence ~ by Nigel Poole QC The Bolam test for clinical negligence is that a healthcare professional is negligent only if they failed to act in accordance with a responsible body of relevant professional opinion. But it is never sufficient for a defendant to defend a claim simply by calling an […]

  • Why Do People Bring Clinical Negligence Claims?

    Thursday, February 7th, 2019 posted in Litigation, Opinion, Paul Sankey

    Why Do People Bring Clinical Negligence Claims? ~ by Paul Sankey, Enable Law Contrary to popular belief, the number of people who bring clinical negligence claims is relatively small. Whilst no figures are available for the number of medical mistakes each year they are thought to be very high. An estimate in 2000 put the […]

  • Independent Expert Witnesses

    Wednesday, January 23rd, 2019 posted in Expert Witness, Opinion, Paul Sankey

    Independent Expert Witnesses: What Does Independence Mean? ~ by Paul Sankey, Enable Law Expert witnesses are required to be independent and impartial. The Civil Procedure Rules say, ‘Expert evidence should be the independent product of the expert uninfluenced by the pressures of litigation’ and ‘Experts should assist the court by providing objective, unbiased opinions on […]

  • 7 Classic Principles for Expert Witnesses

    Wednesday, January 23rd, 2019 posted in Expert Witness, Opinion, Paul Sankey

    7 Classic Principles for Expert Witnesses ~ by Paul Sankey, Enable Law In a 1993 shipping case known as The Ikarian Reefer[i] Mr Justice Cresswell set out what are regarded as the classic statement of the duties and responsibilities of expert witnesses. These are principles which have been endorsed by the courts in other cases […]

  • Negligent Advice and a Wrongful Birth: a GP’s Liability

    Wednesday, January 9th, 2019 posted in Expert Witness, Inspire News, Paul Sankey

    Negligent Advice and a Wrongful Birth: a GP’s Liability ~ by Paul Sankey, Enable Law Khan v MNX[1] A decision of the Court of Appeal of Khan v MNX considered the right approach in wrongful birth cases. It also throws light on the scope of a doctor’s duty to a patient. The facts A GP […]

  • Experts’ Agendas – a Warning from the Bench

    Friday, December 21st, 2018 posted in Expert Witness, Simon Fox

    Experts’ Agendas – a Warning from the Bench ~ by Simon Fox QC “It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and […]

  • First Annual Medico-Legal Expert Witness Conference

    Friday, December 7th, 2018 posted in Events, Expert Witness, Inspire News

    “A top notch conference with plenty of opportunity to engage with the speakers.” Our first Annual Expert Witness Conference!  Over 55 leading Consultants, GPs and medical experts came together to take part in what was described as, “a very interactive day of medicolegal discussion and debate.” Dr Simon Fox QC addressed the conference on the […]

  • Why Mediation?

    Thursday, November 22nd, 2018 posted in Events, Inspire News, Mediation

    In litigation, a claimant can seek only financial redress. Disputes often arise from a misunderstanding of the details of events or poor communication.  Discussion and explanation can encourage the parties to find common ground. In a mediation, both parties have the opportunity to set out their case and, crucially, to emphasise the issues which matter […]

  • Is a Hospital Liable for a Receptionist’s Negligent Advice?

    Thursday, November 8th, 2018 posted in Inspire News, Opinion, Paul Sankey

    Darnley v Croydon Health Services NHS Trust (2018) ~ by Paul Sankey, Enable Law A receptionist in Accident and Emergency tells a patient he would have to wait 4 to 5 hours to see a doctor. The advice is wrong. The patient leaves. He suffers injury as a result. Is the hospital in damages? This […]

  • Are up-and-coming surgeons dextrous enough?

    Thursday, November 8th, 2018 posted in Opinion, Sarah Sellars

    Professor Roger Kneebone claims that many of the younger generation now joining the medical profession do not have the learned dexterity of their predecessors. Whilst this is in part attributable to the increased use of computer games and general screen time, our consumer driven society means we throw things away instead of acquiring the skills […]