Are you a clinician looking to expand your horizons and delve into the medico-legal world? Whilst there is no definitive volume or list of expert witnesses in the UK (clinical or otherwise), available information shows that there are over 3,000 clinical expert witnesses across the nation. The demand for expert witnesses continues to grow year on year, specifically in the areas of clinical negligence and serious injury. Being an expert witness is an analytical, responsible, and rewarding career pathway; and in this article, we will give you an overview of what exactly it means, and how to become an expert witness in the UK.
What is an expert witness?
An expert witness, in layman’s terms, is a specialist, usually within the medical field, who provides an independent and thorough expert opinion to help a judge and jury in court understand a complex incident and reach a fair decision. For instance, in a clinical negligence case where an individual has received negligent care, a regular witness may comment that ‘the claimant is in pain’, whereas an expert witness would explain that ‘as a result of the treatment received and the symptoms presented, the care fell below standard…’, they would then provide evidence-based reasons why.
When is an expert witness required?
An expert witness is required when a case is too complex and specialised for a judge and jury to understand it by themselves, so they opt to look for an expert witness in the relevant field. As an example, in a clinical negligence case, they will be able to discuss the standard of care received, the extent of the claimant’s loss, and the causation.
What does an expert witness do in court?
Expert witnesses are not always required to attend court, but in more complex cases, this may be necessary. So, what is expected of an expert witness in court? Their duty is to provide an unbiased, clear, and objective opinion of the matters of the case within their speciality.
As an expert witness, you must comply with legal standards and report declarations. Report declarations are formal statements within a medico-legal report that affirm that the report complies with legal standards set out in the Civil Procedure Rules Part 35, and confirm to the court that the expert has acted independently, objectively, and in line with their duty to court. You should also expect to be cross-examined by lawyers, and so should remain professional, calm, and fairly acknowledge points made by lawyers if they are valid.
What qualifications do you need to be an expert witness?
There is no rigid criterion for becoming an expert witness; however, your qualifications and experience should match the level of complexity of the cases you assist with. You should have a proven track record of your knowledge and experience; for example, if you have been a consultant spinal surgeon for the last 10 years, this will need to be made evident in your CV, as the more experience you have in your speciality, the more likely you are to present as a reliable and knowledgeable expert witness to instructing parties. It is also important to showcase your professional academic qualifications (e.g. BSc, MSc/PhD, etc.), as this strengthens your credibility as an expert.
Expert witness training is strongly recommended to make you stand out from other experts, for example, attending medicolegal conferences and webinars, and obtaining certification, such as Cardiff University Bond Solon training (CUBS). These extra relevant training modules and accreditations demonstrate your commitment as an expert witness to instructing solicitors.
In short, there are no set requirements before you can be an expert witness, but all expert witnesses must be qualified and experienced in their specialist field and should be able to demonstrate this with a CV and recognised qualifications.
How do you become an expert witness at MLAS?
At Medical and Legal Admin Services (MLAS), we supply an end-to-end, tailored, and streamlined administrative service to support expert witnesses with their medicolegal work.
Please do not hesitate to get in touch with our dedicated enquiries team at enquiries@mlas.co.uk if you have any questions.