Expert Matters - The Podcast

Each month, CEO of EWI, Simon Berney-Edwards, and Policy Manger, Sean Mosby, will take an informed look at developments in the world of expert witnesses and expert evidence. There will also be updates on what's happening at EWI, as well as longer form content including interviews and in-depth discussion of key issues for the expert witness community.

 

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A medical report to which the court gave little weight
Keith Rix 61

A medical report to which the court gave little weight

by Keith Rix

 

Commentary

This is yet another case in which a medical report has been given little weight in immigration and asylum proceedings.

Learning points

  • Unless you are fully conversant in the subject’s language, use an interpreter.

  • It is unwise to rely on a family member or friend as an interpreter.

  • It should not matter that the court or tribunal does not have a fully copy of the general practitioner records if the expert’s report sets out, either in the body of the report or in a medical chronology as an appendix, those entries relied upon and with references, such as ‘p. 5/236’, so that if the court or tribunal wants to do so, the entry can be checked when the full records are available to the court.

  • A high level of disability has to be supported by other objective evidence in particular the subject's GP records.

  • Where there is evidence from family members that they assist the subject with activities of daily living such as cooking, taking the subject to medical appointments, taking them for a walk, helping her with medication and emotional support this needs to be considered carefully and tested against what is in the medical record and any other evidence available.

  • Where there is a complaint of severe arthritis and chronic pain, have regard to whether analgesia has been prescribed and the frequency with which repeat prescriptions have been requested. 

  • Where there are claims of cognitive decline, it is incumbent on the expert to carry out bedside cognitive testing and, if appropriate, advise an expert assessment by a psychiatrist or neuropsychologist.

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