Benefits of Inspire Expert Witness Training

With a wealth of experience in the legal and healthcare sectors, we are uniquely placed to offer this expert witness training and follow up, carefully tailored to your medico-legal requirements.

This includes:

• Interactive training sessions with experienced clinical negligence professionals;
• GMC and GDPR advice sessions;
• Comprehensive course materials for easy future reference;
• Marketing of your expertise to our network of lawyers;
• Advice on presenting your CV;
• Networking and speaking opportunities;
• Ongoing coaching and mentoring by our experienced panel of lawyers and medical experts;
• CPD accreditation.

(All the benefits above are included in the cost of the course)

Programme

Day One – Prepare
Dr Adrian Rees, GP & Expert Witness

• Practicalities of setting up a medico-legal practice
• What to expect from instructing parties
• Writing a CPR Compliant report (for experts wishing to work with English Lawyers)
• What a good report should contain
• Writing a clear, concise and well-structured report
• Adopting the correct terminology and language
• Research and critically examining a set of facts to develop an informed opinion
• How to put forward a well reasoned opinion and be persuasive as an expert
• Dealing with alternative scenarios if evidence accepted or rejected
• Examination and discussion of sample reports – good and bad
• The roles of various players – client, claims management company, claimant solicitor, barrister and other witnesses
• Developing your practice and winning instructions
• Q & A

Day One – GMC Session
Rachel Woodall, Regional Liaison Advisor, General Medical Council

• The GMC’s professional guidance on ‘Acting as a witness in legal proceedings’ to understand what is professionally expected of doctors acting as an expert witness
•  The ‘shoulds’ and ‘musts’ around keys areas in preparing reports, giving opinions, acting within competence and confidentiality
• How do the GMC use experts in fitness to practise matters?
• How can doctors become an expert instructed by the GMC and what guidance is available on this?
• Q&A

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Day Two (morning) – Practice
Ann Logan, Personal Litigation Solicitor & Partner at Balfour + Manson

Instruction of an Expert – The perspective of a Solicitor 

• What documents should you receive?
• The letter of instruction
• Accepting instructions and when to decline
• Issues of conflict of interest/bias
• What do lawyers want from the expert witness?
• The legal process from the time of instruction and the role of the expert in that process
• Availability for meetings and consultations

The Duties of an Expert

• What is an expert witness?
• The duties of the expert witness to the court.
• The role of the expert witness
• Kenney v Cordia –duties of the expert
• Liability of the expert for the opinion expressed in the report

The Expert Report

• Why is the expert report important?
• The different types of expert report
• The role of the expert report?
• Report writing –layout, format, declaration, CV
• The language lawyers use
• The use of medical terminology
• The use of medical records within the report
• Documentation in support of the expert opinion – NICE/SIGN Guidance, College Guidance, GMC Guidance, literature, textbooks
• The role of the expert witness in advising on a case of failed consent-drafting the expert report

 The Law- The crucial legal cases

• Hunter v Hanley/ Bolam – the test of medical negligence
• Bolitho – analysis of the logic of the expert opinion
• Montgomery – the law on consent
• Chester v Afshara – and Causation in consent cases
• Causation in medical negligence cases
• Loss of a chance in medical cases
• Understanding material contribution in law

Funding

• Forms of funding available to Solicitors
• Recoverability of fees for work performed by experts
• Rates of fees in Scotland
• The role of the Auditor in relation to expenses
• Negotiation of fees with Solicitors
• Who is responsible for payment of the expert witness fees

Day Two (afternoon) – Perform
Lauren Sutherland, Clinical Negligence QC, Ampersand Stables

Consultations with experts

• The purpose of Consultation with the expert
• The roles of various parties at the consultation
• Preparation for Consultation
• Revisal of the expert report following consultation
• What to do if there are suggested changes to the expert opinion

Joint Meetings of Experts

• The purpose of Joint Meetings of experts
• The role of the expert in a Joint Meeting of experts

Appearing in Court

• Various courts in which you may appear
• Standard of proof
• The role of Solicitors, Counsel and the Judge
• Preparation for court
• Adverse judicial comment and its effect
• Examination and cross examination
• Techniques for giving evidence in court
• How to withstand cross examination

Practical Test

• Opportunity to be asked and answer questions

Speakers

All of our trainers are from our Advisory Panel and are practicing Medical Expert Witnesses, Healthcare Lawyers/Healthcare Barristers and are highly experienced in the Clinical Negligence field.

Event Details

Inspire MediLaw’s comprehensive two-day expert witness training course will provide medical professionals of all specialities with the essential knowledge, confidence and support needed to succeed in medico-legal practice.

• Monday 17^th – Tuesday 18^th June 2019, 8.30am-5.00pm
• Individual days available: Day 1 Prepare – £397 +VAT | Day 2 Practice – £397 +VAT
• Accredited by the Royal College of Surgeons of England for up to 12 CPD points
• The Royal College of Physicians, Glasgow
• £795 + VAT to include additional benefits
• Introductory offers available