The expert's flawed understanding of the intermediary's role The expert's flawed understanding of the intermediary's role

The expert's flawed understanding of the intermediary's role

It appears that in this case an expert recommended the appointment of an intermediary without understanding the role of an intermediary. The court did...
The Secretary of State for Health and Social Care v PPE Medpro Limited [2025] EWHC 2486... The Secretary of State for Health and Social Care v PPE Medpro Limited [2025] EWHC 2486...

The Secretary of State for Health and Social Care v PPE Medpro Limited [2025] EWHC 2486...

The defendant was contracted, during the Covid lockdowns, to source and supply sterile gowns, which the claimant subsequently asserted were not...
Forensic Science Regulator Guidance on Forensic Science Activities: Interpretation and... Forensic Science Regulator Guidance on Forensic Science Activities: Interpretation and...

Forensic Science Regulator Guidance on Forensic Science Activities: Interpretation and...

The Forensic Science Regulator has published new Guidance on Forensic Science Activities: Interpretation and Communication. The Guidance applies to...
Expert Terms and Conditions of Engagement Expert Terms and Conditions of Engagement

Expert Terms and Conditions of Engagement

We have just completed the regular review of our Standard Expert Terms and Conditions of Engagement. The purpose of the Terms and Conditions is...
New EWI Guidance on Responding to Written Questions New EWI Guidance on Responding to Written Questions

New EWI Guidance on Responding to Written Questions

We have just published our new Guide on Responding to Written Questions. Informed by the knowledge and experience of the EWI Editorial and...
Why you must verify AI-generated content in your expert report Why you must verify AI-generated content in your expert report

Why you must verify AI-generated content in your expert report

The Court excluded consideration of the expert testimony of an expert on the dangers of AI and misinformation, after he submitted an expert...
A Day in the Life of a Veterinary Expert Witness A Day in the Life of a Veterinary Expert Witness

A Day in the Life of a Veterinary Expert Witness

Veterinary surgeon, Jeremy Stattersfield, has been guiding courts on veterinary medicine since 1981. He told us how he got into the Expert Witness...
Podcast Episode 21: Responding to Written Questions Podcast Episode 21: Responding to Written Questions

Podcast Episode 21: Responding to Written Questions

In January's episode of the Expert Matters Podcast, we discuss responding to written questions. We look at the rules and regulations, discuss a...
Podcast Episode 20: Review of 2025 Podcast Episode 20: Review of 2025

Podcast Episode 20: Review of 2025

Join us for the last podcast of 2025! With some festive cheer, we review 2025, with the ten key issues for expert witnesses that we've seen over...
A Day in the Life of an Orthopaedic Spinal Expert Witness A Day in the Life of an Orthopaedic Spinal Expert Witness

A Day in the Life of an Orthopaedic Spinal Expert Witness

Mr Niall Craig is a Consultant Orthopaedic Spinal Surgeon and Expert Witness specialising in complex spinal cases. He tells us about his professional...
Podcast Episode 19: Transparency and Open Justice Podcast Episode 19: Transparency and Open Justice

Podcast Episode 19: Transparency and Open Justice

In this month's episode of the Expert Matters Podcast, we explore recent developments in Transparency and Open Justice. You can also catch our...
A Day in the Life of a Paramedical Skin Camouflage Expert Witness A Day in the Life of a Paramedical Skin Camouflage Expert Witness

A Day in the Life of a Paramedical Skin Camouflage Expert Witness

Vanessa Jane Davies is the founder of Skin Camouflage Services, an independent expert practice offering paramedical skin camouflage, non-invasive scar...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Is baldness a disease?
Keith Rix 1522

Is baldness a disease?

byKeith Rix

 

Commentary

Mr Simon Britten, immediate past chair of the British Orthopaedic Association Medico-legal Committee, in his foreword to the forthcoming Expert Musculoskeletal and Orthopaedic Evidence, refers to how giving evidence one Monday in a case of tibial fracture, missed compartment syndrome and subsequent amputation, he was asked when he had last fixed a tibial fracture. Understandably, he said that the judge’s reaction to his answer ‘last Friday’ appeared to be a promising start. However, it is not a hard and fast rule that the healthcare expert should have experience, or recent experience, of performing the procedure or operation in issue. This case illustrates it. So do the following cases, all discussed in the forthcoming Expert Musculoskeletal and Orthopaedic Evidence.

In ZZZ v Yeovil District Hospital NHS Foundation Trust [2019] EWHC 1642 (QB), where a spinal surgeon said that he had not performed spinal surgery for more than six years, the judge thought that that in itself might be of no significance, especially in a case which related to treatment more than six years previously (but for other reasons he did have grave doubts as to whether the surgeon had the necessary expertise).

In LK [2020] CSIH 40 there was an objection to a midwife called as an expert witness, on the basis that she lacked knowledge and understanding of the day to day demands on a practising midwife. She accepted for example that it was some time since she herself had delivered a baby. However, she had a detailed knowledge of policy and procedure, there was evidence of her continuing involvement in the provision of care and she was the line manager for the senior charge midwives. It was accepted that she had skilled evidence that would assist the Fitness to Practise Committee of the Nursing and Midwifery Council and that it was based on a reliable body of knowledge or experience.  

In Negus v Guy's and St Thomas' NHS Foundation Trust  [2021] EWHC 643 (QB), a clinical negligence claim relating to aortic valve replacement surgery performed in 2014, the judge had no doubt that an expert who had retired from clinical practice as a consultant cardiothoracic surgeon in 2011, and last performed an aortic valve replacement in June 2011, continued to be aware of the standards appropriate to his specialism, not least given his role as Chairman of the Royal Papworth Hospital. Furthermore, whilst another expert did not recall having personally undertaken an aortic valve replacement enlargement, the judge had no doubt as to his understanding of that procedure, still less as to his skill and experience relating to aortic valve replacement surgery more generally.

The details of this judgment are unlikely to be of interest to healthcare experts other than dermatologists and perhaps cosmetic surgery. However, there are number of learning points of general application relating to ‘hands on’ experience, medical terminology, classification, cited literature and guidelines.

Learning points:   
  • It is not a hard and fast rule that the healthcare expert should have experience, or recent experience, of performing the procedure or operation in issue. However, in the absence of such experience, it is necessary to evidence and demonstrate a clear understanding of the nature of the condition or injury and its treatment.

  • When provided with a hearing bundle in a case where you rely on published literature, check that all of your cited publications are in the bundle. If they are not, inform your instructing solicitors and ensure that you take copies to court in case they are not added to the hearing bundle.

  • When relying on published guidelines, be prepared for cross-examination as to their relevance, their application, how they were devised and also who devised them. This list is not exhaustive.

  • Definitions that are given from the perspective of persons engaged in medical practice can have a different meaning to that adopted in ordinary and natural English usage (as in the Oxford English Dictionary). Have regard to both.

  • If you rely on a classification such as the International Classification of Diseases, be able to explain its purpose.

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.