EWJ June 61 2025 web - Flipbook - Page 96
What’s it Like Giving Expert
Medical Evidence in Court?
The prospect of giving evidence at trial can be unnerving for both new and seasoned experts.
Amy Heath and Nadia Krueger-Young, partners in the Medical Negligence team at
Stewarts, asked Laura Bochkoltz, physiotherapist and Chris Danbury, consultant intensivist, about their experiences of giving evidence in court.
physiotherapy point of view on how the spinal cord
injury had impacted the claimant’s mobility, how their
mobility was likely to deteriorate as they aged and
what they needed to maximise their function long
term.”
How long have you been an expert witness for?
Laura: “Twenty-six years. In 1999, after over a decade
in clinical practice, I felt I had accumulated the
expertise to become an expert witness. At the time,
my boss at the National Spinal Injuries Centre offered
me the possibility of being mentored by her and I accepted. Although I had not originally planned to go
down this route, I have learned to love the responsibility which comes with this line of work. I now manage a team of experts who have covered over 300
cases in spinal cord injuries and neurological conditions. What is interesting is that being an expert has
also enabled me to be a better clinician, as it has made
me have to think about the long term needs of my
patients.”
Chris: “In the Court of Protection, my evidence was
regarding serious medical treatment decisions, helping explain the rationale for and against initiating,
continuing or stopping serious medical treatment.
When stopping treatment, I was helping the court
and family to understand that this would probably
result in the patient’s death.
In the Coroner's Court, my role is helping that court
come to a better understanding of the circumstances
of the patient’s death. In the High Court, I was helping the court understand how decision making in an
intensive care unit is different from the general ward,
with a different assessment of risks and benefits of a
given treatment.”
Chris: “Twelve and a half years. My first instruction
was in the Court of Protection in NHS Trust v L [2012]
EWHC 2741. Initially, I considered myself to be a
medicolegal academic, having been awarded an MPhil
in Medical Law by Glasgow University in 2005.
Shortly afterwards, I took on the role of Visiting
Research Fellow in Health Law at the School of Law
in the University of Reading. I was then cajoled into
accepting instructions by a number of people, both
medical and legal.”
How did you prepare, and what, if anything, would
you now do differently?
Laura: “I spent a lot of time reading all the
documentation related to the case. With a trial you
never know exactly what you will be asked, so I felt I
had to know the case very well. I cross referenced my
evidence to the defendant’s to see if there were discrepancies and to check I had not made any errors. I
also spent time looking at the surveillance videos. The
case was all-consuming for a while to the run up to the
trial.
How many times have you given evidence at trial?
Chris: “Roughly 18 times in the Court of Protection,
14 times as an expert in the Coroner’s Court and once
in the High Court.”
Laura: “I have given evidence in court once last year
in W v Ministry of Justice [2024] EWHC 2389 at the
Royal Court of Justice in London.”
At the end of each day of the trial, I made a list of what
had been discussed that was relevant and what wasn’t.
I made sure I was fully focused on the pertinent issues
and what I could contribute to those issues.
What issues were you giving evidence about?
Laura: “I was instructed by the claimant solicitor to
act as an expert physiotherapist for their client who
had sustained an incomplete spinal cord injury. All the
experts assessed the claimant, joint discussions took
place and statements were produced and disclosed.
After the joint discussions, the defendant solicitors disclosed some surveillance video footage. Most of the
experts instructed by the defendants then changed
their opinion and recommendation without real
evidence to support their change of view. The case
therefore went to court.
The only thing I would now do differently is to
manage my time better during the preparation. The
first day of the trial I did not attend court as I felt I
did not know the case well enough and wanted that
extra day to carry on preparing and reading. In hindsight, I should have gone to court even if I knew I was
not going to give evidence, as this would have given
me the opportunity to hear the claimant’s evidence
and have an overall picture of how the issues were
being presented.”
The judges asked what I had found in my assessment
and to compare my findings with the surveillance
video. I was asked to give my expert opinion from a
EXPERT WITNESS JOURNAL
Chris: “I reread my report at least daily for a week or
so before a court appearance. I try to critique it. I ask
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