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Swearing on Oath

Swearing on Oath ~ by Nigel Poole, QC In the latest of a number of High Court judgments in which judges have strongly criticised an expert witness in the case, Mr Justice Martin Spencer has taken a Consultant Neurosurgeon to task in Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB). At paragraphs…Read Article

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Opening Imaging CDs – Clinco

Opening Imaging CDs – Clinco ~ by Sarah Wallace Opening imaging discs is a constant bugbear for those involved in clinical negligence cases. At the recent Inspire MediLaw Summer Conference experts and clinical negligence solicitors alike expressed their frustration about this very issue. CDs are not a very suitable method of storing large complex graphic…Read Article

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Medical Records Collation – Clinco

Medical Records Collation – Clinco ~ by Sarah Wallace Any specialist fee earner working in clinical negligence will want to be very careful about where the medical records are sent for collation.  Often the collator is the first person to review the records in detail.  It’s essential that the records are put in the correct…Read Article

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Why Do People Bring Clinical Negligence Claims?

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…Read Article

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Independent Expert Witnesses

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…Read Article

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7 Classic Principles for Expert Witnesses

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…Read Article

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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…Read Article

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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…Read Article

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Are up-and-coming surgeons dextrous enough?

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…Read Article

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

Credible medical expert witnesses: the role, knowledge and legal obligations ~ by Paul Sankey, Enable Law 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…Read Article