An expert report that is almost worse than useless

 

Summary

The claimant was involved in a minor road traffic accident while she was the passenger in a car driven by her partner, who was the defendant’s insured. She claimed compensation for whiplash and psychological symptoms. The judge described the report of the physiotherapist expert witness who acted for the claimant as almost worse than useless and aspects of her evidence as literally unbelievable

Learning points

Learning point for people interested in becoming expert witnesses

• Before taking instruction as an expert witness, make sure you understand the role, your duties, and what will be required of you. Don’t just jump in and hope for the best. You can find out whether expert witness work is right for you by joining our introductory Becoming an Expert Witness: Your first steps webinar.

• You may also wish to review our free guidance for experts approached by unscrupulous expert witness agencies.

Learning points for medicolegal experts

• Particularly if the condition is ongoing, whether the claimant sought medical and/or psychological attention is likely to be material.

• Do not use ambiguous or misleading terms to describe your occupation or expertise. For example, do not simply describe yourself as a “doctor” if you are referring to the fact you hold a doctorate and not that you are a medical practitioner.  

• Be aware of the limitations of remote consultations and note any applicable limitations in your report.

Learning points for all experts

• Every case has the potential to go to trial, and you could face cross-examination on any expert report you write.

• Listen carefully to the questions put and answer them. Do not try to evade the questions or answer the questions you wish had been asked instead.

• Not being reminded is not an excuse for not responding to Part 35 questions.

• Do not permit AI or another software platform to add references to your report. Add these yourself with an understanding of why they are relevant and how you have relied on them.

• The statement of truth applies to the entire contents of your report and any Part 35 questions that you answer.

Learning points for instructing parties

• Ensure that you clearly describe the occupation and expertise of the experts you instruct.

• Check to ensure that the experts you instruct understand the role and duties of an expert witness. A good way to assess this is to confirm that they have undertaken expert witness training with a reputable provider.

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