It’s common that a particular technical or scientific aspect of medical treatment in a medical negligence matter is beyond the experience of legal practitioners and the court, and so a doctor or health care practitioner is called upon to provide their professional opinion.
Whilst the role of an expert medical witness is not to conclusively determine whether the medical treatment in issue was negligent, they play a critical role in both establishing the relevant standard of care and assessing the causative effect of any departure from that standard.
In our next FTC session, Sarah Carlisle will explore the fundamental role expert evidence plays in medical negligence claims, and some obstacles that can arise when you are relying upon an expert to defend a claim. Sarah will explore:
- What qualifies someone to give evidence as an ‘expert’.
- What rules prescribe the manner in which expert evidence must be given, and the duties and responsibilities of expert witnesses.
- The challenges presented in finding and selecting a suitable expert, and ensuring the expert opinion is robust enough to withstand close scrutiny by the court.
- How expert witness conclaves and concurrent expert evidence seek to overcome these challenges.