Judges should not police expert witnesses says consultant neuropsychiatrist

Judges should not police expert witnesses Dr Alan Carson said yesterday at Scottish Legal Training’s Clinical Negligence Masterclass in Edinburgh.

Dr Carson, a consultant neuropsychiatrist, said instructing solicitors were best placed to decide who should be led as expert witnesses and rejected calls for the royal colleges to regulate medical experts.

Dr Carson advised lawyers to investigate medical experts thoroughly by ascertaining where they worked, what type of patients attended their clinics and whether what they said was plausible and relevant.

Shona Haldane QC also speaking at the event said that lawyers should interrogate experts and that the polarisation of apparently pursuer and defender experts was a bad thing for justice.

Chairing the seminar Ronald Clancy QC said consideration could be given to experts being asked for reports blind to which side was instructing to ensure impartiality in their reports and pointed out that in the United States experts can be excluded by the court if they lack the requisite neutrality. Dr Carson called for expert witnesses to be subjected to less hostility and more incisive questioning from lawyers.

Later in the day consultant neurosurgeon Patrick Statham revealed that patients who dislike their doctors are more likely to sue for clinical negligence.

He said that doctors who were rude, overbearing and didn’t show that they care were more likely to end up on the wrong end of an action.

Advocate Vinit Khurana, who is also a qualified doctor, said there was always a tension between law and medicine because as disciplines they follow a different set of rules. Dr Carson said that it’s like trying to mix oil and water.

Robert Milligan QC also spoke at the conference discussing fatal awards in the context of clinical negligence and surprised some of the audience by revealing that loss of society awards are greater for spouses than children.

Solicitor Darren Deery expertly guided the audience through the process of litigating high value birth damage claims.

Event organiser advocate Niall McCluskey said the masterclass was a great success.

“We heard from great speakers who illuminated their topics in front of a specialised audience. There was some high quality discussion which was helpful for all concerned. The feedback from this event has been very positive,” he said.

Scottish Legal Training’s next CPD event is the Family Law Masterclass in Edinburgh on 8 June.

Book your tickets here: Family Law Masterclass.