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First Annual Medico-Legal Expert Witness Conference

“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[…]

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Why 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[…]

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

Darnley v Croydon Health Services NHS Trust 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 was the issue that came before the[…]

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BOLAM IS DEAD. LONG LIVE BOLAM!

As a doctor transferring from medicine to law 25 years ago, I was struck by the illogicality of the Bolam test, in that it seemed to me that it couldn’t logically be applied to many circumstances of medical negligence. The most obvious to me, then and now, is an allegation that a surgeon negligently injured[…]

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Annual Expert Witness Conference

First Inspire MediLaw Annual Conference for Medical Experts Inspire MediLaw are excited to announce details of their first Annual Conference for Medical Expert Witnesses.  The conference will be held in Oxford on Tuesday 4 December and will be accredited for 6 CPD hours. The conference will be a great opportunity for medical professionals to network,[…]

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An Expert’s Evidence ‘Fundamentally Flawed’

In a recent case at Winchester County Court, the judge found that an expert’s evidence was fundamentally flawed to the point where he rejected it on every contentious point. The case of Ruffell v Lovatt[1] contains lessons for medical experts. The Claim Mrs Ruffell was a passenger injured in a road traffic accident in 2012.[…]

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Credible medical expert witnesses: the role, knowledge and legal obligations

Providing expert evidence in any legal proceeding is a professional privilege. Doctors can play an important role as expert witnesses in helping courts, tribunals or other dispute resolution processes make informed, fair decisions on cases involving clinical issues. A shortage of good expert witnesses means doctors who are able to provide impartial and credible expert[…]

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Expert Witness – A Cautionary Tale

Stick to Your Expertise and Understand Your Duties An Expert is Criticised by the Court of Appeal The Court of Appeal judgment in R v Pabon is a cautionary tale for experts. In this case the Court of Appeal was highly critical of an expert’s conduct in a criminal trial[1]. Medical experts might look at[…]

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Witness Evidence: Is It Just One Person’s Word Against Another’s? by Paul Sankey, Parter at Enable Law

Witness Evidence: Is It Just One Person’s Word Against Another’s? Where there is a dispute of facts, people often think it is just one person’s word against another’s. In reality, most of the time it is not. Clinical negligence cases do not normally depend on what witnesses of fact say. Expert evidence is usually more[…]