Summary

The claimant alleged that the vibrating tools he used while employed by the defendant caused Hand-Arm Vibration Syndrome. The judge criticised one of the medical experts for looking for answers that supported his strong views on the subject, rather than obtaining a reliable history from the claimant.

Learning points

• Keep an open mind and avoid looking for answers that support your views rather than obtaining a reliable history from the claimant. It is especially important to be mindful of this when you are dealing with a subject where you have strong views.

• Unless there are good reasons not to do so, be willing to defer to the opposing expert if they have specialist expertise in an area where you do not. Expect the opposing expert to afford you the same respect.

• Make sure that you are completely familiar with the regulations and guidance applicable to the case.

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