Podcast Episode 17: Wellbeing and Resilience as an Expert Witness Podcast Episode 17: Wellbeing and Resilience as an Expert Witness

Podcast Episode 17: Wellbeing and Resilience as an Expert Witness

October 10th is World Mental Health Day and in this month's episode of the Expert Matters Podcast, we look at the issue of wellbeing and...
Clarifying the role of validity testing in expert evidence Clarifying the role of validity testing in expert evidence

Clarifying the role of validity testing in expert evidence

Following last month’s case update by Professor Keith Rix of Brown v Morgan Sindall, several experts have offered further reflections on the use...
Read between the lines, judge Read between the lines, judge

Read between the lines, judge

Familiar to all experts, this case illustrates how personal injury claimants can attempt to maximise their claim by dishonestly reporting symptoms and...
John Good against West Bay Insurance Plc [2025] SC AIR 70 John Good against West Bay Insurance Plc [2025] SC AIR 70

John Good against West Bay Insurance Plc [2025] SC AIR 70

The person insured by the defendant drove his motorcycle into the pursuer’s parked lorry causing the pursuer, who claimed he was standing on the...
Scottish Medicolegal Conference 2025 Scottish Medicolegal Conference 2025

Scottish Medicolegal Conference 2025

Resolve and EWI held our annual Scottish Medicolegal Conference at the Grand Central Hotel in Glasgow on 19 September. The event featured great...
Your expert witness CV is not the same as a professional CV Your expert witness CV is not the same as a professional CV

Your expert witness CV is not the same as a professional CV

Top tips and new support available to ensure you remain complaint and provide a good quality CV.
A Day in the Life of a Jewellery and Gemstone Expert Witness A Day in the Life of a Jewellery and Gemstone Expert Witness

A Day in the Life of a Jewellery and Gemstone Expert Witness

Dr Richard Taylor is an Expert in the identification, verification and valuation of diamonds, gemstones, jewellery, watches, silver and antiques. He...
Podcast Episode 16: CV Writing Podcast Episode 16: CV Writing

Podcast Episode 16: CV Writing

In the 16th episode of the Expert Matters Podcast, Simon and Sean, discuss CV Writing. We look at the purpose of expert CVs, the rules and...
The Medical Expert in Court The Medical Expert in Court

The Medical Expert in Court

Fans of true crime and anyone involved in giving expert evidence might be interested in a recent podcast episode from EWI Fellow, Dr Harry Brunjes.
Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness... Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

In the 15th episode of the Expert Matters Podcast, Simon and EWI's Membership Manager, Will Watkis, discuss the power of EWI membership and the...
A day in the life of an Accommodation Expert Witness A day in the life of an Accommodation Expert Witness

A day in the life of an Accommodation Expert Witness

Marisa Shek is a Healthcare Architect and owner of Shek Architects. As an Expert Witness, she specialises in the field of accommodation for disabled...
A Day in the Life of a Town Planning Expert Witness A Day in the Life of a Town Planning Expert Witness

A Day in the Life of a Town Planning Expert Witness

Susan Jones, founder of SJ Consultancy, has been a town planning consultant for over 40 years. As an Expert Witness, she provides evidence at public...

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 1153

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.