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Expert Witness Training for Medical Professionals
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.
- 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)
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
- 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?
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
- 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
- Opportunity to be asked and answer questions
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.
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 17th – Tuesday 18th 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