Expert Witness Journal Issue 64 December 2025 - Flipbook - Page 48
also resonate with a longer-standing debate about
whether there is ‘overreach’ by the law into medical
decision-making, as well as a more recent one about
whether and when it is sensible to approach the
court to assist with clinical unease.5
References
For my part, and whether or not it is conceived as a
conventional role for a court, I have always found it
to be hugely important, and helpful, for judges to
be able to hold risks that – for whatever reasons –
are ones that cannot be held by those involved in the
person’s care. Such can be necessary in a case like
RS’s, where the desire was to act, but in a situation
where there were inherent risks in acting. It can also
be necessary in a case such as that Re RC6, where
those involved considered that not acting was the
ethically right thing to do, but were legitimately
concerned at the risk to them of the consequences
of doing so. Poole J’s judgment provides a clear
measure of reassurance that he, at least, is someone
who is willing and able to bear the weight of risks on
his shoulders.
1
[2025] EWCOP 38 (T3)
2
[2020] 3 All ER 873, [2020] 1 WLR 641, [2020] WLR(D) 30,
[2020] Med LR 55, [2020] WLR 641, [2020] EWCOP 2, [2020]
COPLR 205
3
[2025] EWCOP 35 (T3)
4
mentalcapacitylawandpolicy.org.uk/is-mental-capacity-lawlaw-in-conversation-with-professor-john-coggon/
5
Wren B, Ruck Keene A. Can the courts be viewed as an
appropriate vehicle to settle clinical unease?. Journal of
Medical Ethics 2024;50:452-459.
6
[2014] EWCOP 1317
If you require an expert, let us do the searching for you
Call the Expert Witness free telephone searchline on:
0161 834 0017
Professor Ascanio Tridente
Consultant in Critical Care and Consultant Physician. Clinical Director & Chair of Research,
Development & Innovation. Expert in acute general internal medicine and critical care medicine.
DMS(Hons), MRCP(AIM), MSc CT, EDIC, FFICM, FRCP(London), PhD
Professor Ascanio Tridente is a Consultant in Intensive Care Medicine and Acute (Internal) Medicine since 2013, the former
Clinical Director of Intensive Care (2018-2022), including the COVID-19 pandemic; and current Clinical Director of Research,
Development & Innovation (RDI), Mersey & West Lancashire NHS (MWL Trust), WSN site.
He has vast experience in acute general internal medicine and critical care medicine. With specialist interests in the
pathophysiology of critical illness, resuscitation and management of critically ill and injured adults.
He receives instructions from courts, and both claimant and defendant organisations for Catastrophic Injury, Personal Injury and
Negligence cases pertaining to the areas of;
•
•
•
•
•
Adult critical care / intensive care medicine
Adult acute general internal medicine
Sepsis / Severe infections
Resuscitation
Critically ill Burns patients / Inhalational injury
•
•
•
•
Catastrophic injury
Toxic syndromes / poisoning
Transfusion
Ogan Donation
Prof Tridente has completed the Cardiff University Bond Solon Civil Expert Witness Certificate
Email: ascanio@expertwitness.co.uk
EXPERT WITNESS JOURNAL
2025
45
DECEMBER/JANUARY 2025-2026
