Summary

The case was a claim in negligence arising out of complications following bariatric surgery. When he was asked during cross-examination to explain the Bolam test, the Claimant’s expert was not able to demonstrate an accurate understanding of, or ability to explain, the test.

Learning points

• Make sure you understand any legal tests that are relevant to the case.

• You should understand, and be able to explain, anything you include or reference in your report, including any legal test.

• Use terminology consistently in your report and oral evidence, explaining any terms that may not be understood by a layperson.

• If you are a new to the profession or are not fully confident in your expert witness skillset, consider seeking training from a reputable provider, such as the EWI, which covers areas such as report writing, expert meetings, and the key legal tests in your professional area, such as Bolam and Bolitho for clinical negligence.

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