Expert Witness Training
for Medical Professionals (Scotland)

7 – 8 June 2021

Start: 7 Jun 8.30am
End:  8 Jun 5pm

Kimpton Charlotte Square, Edinburgh

CPD accreditation: 6 hours per day

(from the Royal College of Surgeons of England)

Cost: £400 (+ VAT) for one day
£795 (+ VAT) for both days

Our comprehensive two-day expert witness training course equips you with the essential knowledge, confidence and support needed to succeed in medico-legal practice.

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. The course is accredited by the Royal College of Surgeons of England.

You’ll examine a wide range of issues, from setting up your medico-practice through to report writing, how to handle the meeting with experts, and appearing in court. The training is led by practising medical expert witnesses, healthcare lawyers and healthcare barristers – all with extensive experience in the medical negligence field.

Learning outcomes:

Through interactive sessions with renowned lawyers and clinicians, you’ll learn how to:

  • set up and develop your own medico-legal practice (the tips and the pitfalls to avoid)
  • understand your responsibilities as an expert witness and the relevant legal processes
  • write clear and succinct reports and prepare joint statements
  • give evidence in court and deal with cross-examination (with practical role play)
  • understand what the judge requires.

Throughout the day, you’ll have the chance to network and share insights with other medico-legal experts. Our medico-legal experts also provide ongoing support and mentoring after the course to help you develop your professional skills and practice.

Programme

Expert Witness Training for Medical Professionals (Scotland)
7 – 8 June 2021
Kimpton Charlotte Square, Edinburgh

Day One – Prepare

Dr Adrian Rees, GP and Expert Witness, and Lauren Sutherland QC

  • Practicalities of setting up a medico-legal practice
  • What to expect from instructing parties
  • Writing a CPR-compliant report (for experts who wish to work with English lawyers)
  • Writing a clear, concise and well-structured report
  • How to put forward a well-reasoned opinion and be persuasive as an expert
  • Dealing with alternative scenarios if evidence is 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 Two (morning) – Practice

Ann Logan, Personal Litigation Solicitor and 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 and 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 and 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 Afshar – 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 QC, Ampersand Advocates

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

  • The chance to answer questions

Speakers

Ann Logan

Partner and Clinical Negligence Lawyer, Balfour + Manson

VIEW BIOGRAPHY

Dr Adrian Rees

GP and Expert Witness

VIEW BIOGRAPHY

Lauren Sutherland QC

Clinical Negligence Advocate, Ampersand Stables

VIEW BIOGRAPHY

Professor Charles Hennessy

Professor of Law, Strathclyde University

VIEW BIOGRAPHY

Testimonials from previous events

  • This course corrected many of the misconceptions I previously held, simplified lots of mysteries and gave me the confidence to start a medico-legal practice.
    Dr Colin Malcolm
  • This course is a must for anyone who is embarking on becoming a medico-legal expert.
    Dr Smruta Shanbag, Consultant Obstetrician and Gynaecologist
  • Excellent course. First-class speakers. I should have done this ten years ago.
    Jon Moss, Consultant in Interventional Radiology
  • I wish I had attended this course earlier in my professional career.
    Mr Pragnesh Bhatt, Consultant Neurosurgeon
  • Very helpful and informative course. Invaluable material for anyone considering medico-legal work. Also, enjoyable and entertaining.
    Rosie Cochrane, Consultant Psychiatrist
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