EWJ 60 April 2025 web - Journal - Page 54
How Poor Expert Witness Evidence
Can Impact A Medical Negligence Case
In a medical negligence case, it is crucial that an expert witness called to give evidence in
support of their client takes extreme care to follow all relevant procedures before drafting a final
report ready for presentation to a court.
There have been several recent cases in which an
expert witness was found to have been less than thorough in preparing and presenting evidence. An example of this is the case of Arksey v Cambridge University
Hospitals NHS Foundation Trust, which drew the judge’s
criticism.
In the judge’s opinion, this expert had, therefore,
confirmed that two medical reports were correct,
without verifying whether the information within
them was complete and accurate, upon which they
were found to be incomplete and inaccurate.
So, what can medicolegal experts learn from this, and
what should they do and not do when called upon as
expert witnesses?
Missing Information
In the case mentioned above, the judge expressed
surprise that the claimant’s expert had not disclosed
or considered the fact that the client had undergone
a medical procedure that could have had a bearing
on the claimant’s outcome. Specifically, though, the
claimant’s expert witness claimed that he had not seen
evidence of this particular procedure, a claim that the
judge noted to be unlikely, as both sides’ expert witnesses had met prior to the court proceedings and
that the claimant’s witness must therefore have seen
the evidence. The claimant’s witness admitted that he
had seen the full set of records only one week prior to
coming into court.
Check and check again
A judge will always hold an expert witness to the
highest professional standards and will be unimpressed by shortcomings and carelessness in the
preparation and presentation of evidence, which
could result in a serious negative impact on the
outcome of a case.
When preparing reports ensure you have all the
documents and material necessary to aid you in forming your expert opinion. If you don’t have everything,
request missing items from your instructing solicitor.
Ideally, this should be done before completion of the
initial draft report, but if time doesn’t allow it, then
Professor Vee Prasher
Professor and Consultant Psychiatrist in
Neurodevelopmental/Learning disability
MBChB, MMEDSc, MD, PhD, FRCPsych F.IASSID
Dr Ruth Mason
Consultant Obstetrician
Expert Witness in Learning Disability, Down syndrome, Neuropsychiatry,
Developmental Disorders (eg ADHD, Autism), Epilepsy, birth trauma, Congenital
abnormalities, Cerebral palsy, GMC Investigations.
MD, FRCOG
Visiting Professor of Neuropsychiatry and Consultant Psychiatrist in
Neuro-developmental Psychiatry.
Ruth started preparing medico-legal reports for PMS in 2016
and has prepared over 150 reports on clinical negligence in
Section 12 Approved, on the Specialist Learning Disability Register.
Obstetrics, as well as giving evidence in court on 12 occasions.
She currently prepares 40 reports per year, including coroner’s
10-15 reports per year.
inquests and fitness to practice cases
Quick turn around available.
G
Research based service:Research interests include investigating aspects of biological, physical and
psychiatric health morbidity in adults with learning disability; in particular in adults
with Down syndrome. Over 20 years involvement in research investigating the
aetiology, the diagnosis and the treatment of Alzheimer's disease in older adults
with Down syndrome. At present involved in a number of treatment trials for
dementia in adults with Down syndrome, involved in genetic, biological and
neuroimaging studies.
Consultant Obstetrician at University Hospitals, Sussex
since 2010, becoming Labour Ward Lead.
G
Special expertise in Obstetrics and Feto-Maternal medicine,
including ultrasound scanning of the fetus.
G
Expert witness for HM Coroner in Surrey on a series of
Neonatal deaths, giving evidence in court.
G
Reviewed all the maternity protocols to obtain CNST Level 3
in 2013.The maternity unit was designated "outstanding" by the
Professor Prasher has published 14 textbooks.
CQC in 2016.
G
Contact: Vee
Tel: 07811 367573
Mobile: 07811 367573
Email: vprasher@compuserve.com
Alternate Email: vprasher@hotmail.co.uk
Address: 20 Russell Road, Moseley, Birmingham, West Midlands, B13 8RE
Area of work: Nationwide, can travel
Her main interests are in complex pregnancies, including twins, and
the management of labour. Antenatal clinic for mums with mental
health illnesses.
Contact Details:
Medico-legal secretary; Alayne Fawkes
Tel: 01903 741 154
Email: pms@pypermedical.co.uk
Website: www.pypermedical.co.uk
Hareswith Cottage, West Chiltington Road, Storrington, West Sussex, RH20 4BP
EXPERT WITNESS JOURNAL
52
APRIL 2025
