20 - Healthcare professionals in court – professional and expert witnesses

Summary

INTRODUCTION

This chapter addresses issues relevant for preparing and giving evidence. Though the title mentions court the main principles involved apply wherever that person gives evidence. The range is quite large and includes, criminal courts, civil courts, death investigation (Coroners Courts in England and Wales and Fatal Accident Inquiries in Scotland for example), family courts, child protection conferences, employment and discipline tribunals.

The term ‘court’ will be used but the same principles apply whatever the form of the tribunal. The healthcare professional may be involved in court in two ways, as a professional witness to fact or as an expert witness where the role may be to express opinions on the role of others. There are two stages to any evidence giving process, the first is the preparation of a written document, the second is the attendance at the court to give live testimony.

A report is a written way of transferring information between professionals within the same discipline or across discipline boundaries. It also allows the information involved to be accessed at a later date and on numerous occasions without the author being present.

A statement in this context is viewed as a specialised format of a report. In medico-legal matters the content should be same whether the specialised format is used or not.