scholarly journals The psychiatrist as expert witness. Part 1: general principles and civil cases

2008 ◽  
Vol 14 (1) ◽  
pp. 37-41 ◽  
Author(s):  
Keith J. B. Rix
Keyword(s):  
Expert Witness ◽  
Expert Witnesses ◽  
Medical Expert ◽  
Administration Of Justice ◽  
Civil Cases ◽  
The Uk

Expert witnesses have recently had a bad press but they have long played an important role in the administration of justice. This article begins by drawing attention to the guidance of the UK Academy of Medical Royal Colleges for medical expert witnesses and then sets out the latest guidance for experts in civil cases.

When is an expert not an expert? Question time for expert psychiatric witnesses

2015 ◽  
Vol 21 (5) ◽  
pp. 295-303 ◽  
Author(s):  
Keith J. B. Rix
Keyword(s):  
General Medical Council ◽  
Expert Witnesses ◽  
Medical Council ◽  
Medical Expert ◽  
Depth Analysis ◽  
Administration Of Justice ◽  
The Uk

SummaryAlthough medical experts are valued in the administration of justice, the cases in the UK of Meadow and others, including most recently Pool, have all contributed to understandable anxiety on the part of doctors who carry out court work. This article uses an in-depth analysis of these cases and details of some other medical regulatory cases to draw out some lessons for potential medical expert witnesses. Although the most recent judgment in Pool leaves a number of unanswered questions, steps are identified that may be taken to reduce the risk of regulatory investigation by the General Medical Council.

A Trial Consultant's View of the Medical Expert Witness

2013 ◽  
Vol 18 (4) ◽  
pp. 7-10
Author(s):  
Deborah Rutt ◽  
Kathyrn Mueller
Keyword(s):  
Nonverbal Communication ◽  
Expert Testimony ◽  
Medical Literature ◽  
Expert Witness ◽  
Personal Injury ◽  
Expert Witnesses ◽  
Good Teacher ◽  
Medical Expert ◽  
Medical Terms ◽  
Medical Issues

Abstract Physicians who use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) often serve as medical expert witnesses. In workers’ compensation cases, the expert may appear in front of a judge or hearing officer; in personal injury and other cases, the physician may testify by deposition or in court before a judge with or without a jury. This article discusses why medical expert witnesses are needed, what they do, and how they can help or hurt a case. Whether it is rendered by a judge or jury, the final opinions rely on laypersons’ understanding of medical issues. Medical expert testimony extracts from the intricacies of the medical literature those facts the trier of fact needs to understand; highlights the medical facts pertinent to decision making; and explains both these in terms that are understandable to a layperson, thereby enabling the judge or jury to render well-informed opinions. For expert witnesses, communication is everything, including nonverbal communication that critically determines if judges and, particularly, jurors believe a witness. To these ends, an expert medical witnesses should know the case; be objective; be a good teacher; state opinions clearly; testify with appropriate professional demeanor; communicate well, both verbally and nonverbally; in verbal communications, explain medical terms and procedures so listeners can understand the case; and avoid medical jargon, finding fault or blaming, becoming argumentative, or appearing arrogant.

9. Opinion evidence

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Expert Opinion ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Criminal Cases ◽  
Civil Cases ◽  
The Uk

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.

scholarly journals Peran Dokter sebagai Saksi Ahli Di Persidangan

2013 ◽  
Vol 2 (2) ◽  
pp. 101
Author(s):  
Rika Susanti
Keyword(s):  
Law Enforcement ◽  
Expert Witness ◽  
Medical Science ◽  
Medical Doctor ◽  
Expert Witnesses ◽  
Legal Basis ◽  
Medical Expert ◽  
Expert Information ◽  
Special Skill ◽  
Independent Expert

AbstrakPemanfaatan ilmu kedokteran forensik dalam penegakan hukum serta keadilan membutuhkan dokter sebagai saksi ahli medis di persidangan. Saksi ahli pada dasarnya adalah seseorang yang memiliki pengetahuan, pengalaman dan keahlian khusus sebagai dasar dalam memberikan keterangan ahli suatu perkara pidana. Kewajiban dokter untuk membuat keterangan ahli diatur dalam Kitab Undang-undang Acara Pidana dan dalam etika kedokteran. Kehadiran dokter sebagai saksi ahli dapat diminta oleh jaksa penuntut ataupun penasehat hukum tersangka atas persetujuan hakim. Dokter dapat menjadi saksi fakta (dokter yang merawat) atau saksi pendapat (ahli independen) tergantung keterangan yang dibutuhkan pengadilan. Dalam memberikan keterangan ahli, dokter harus mengikuti ketentuan yang berlaku di persidangan Indonesia, sehingga penting bagi dokter untuk mengetahui tata cara dan sikap dokter sebagai saksi ahli dan mengikuti pedoman menjadi saksi ahli kedokteran.Kata kunci: Dokter sebagai aksi ahli, dasar hukum, persidangan, pedoman saksi ahliAbstractThe utilization of forensic medical science in law enforcement and justice requires a medical doctor as an expert medical witness in court. An expert witness is basically a person who has knowledge, experience and special skill as a basis in providing expertise which is caused a criminal. The obligation of the doctor to make expert explanation is arranged in the book of the law in the crime and in medical ethics.The presence of the doctor as an expert witness can be requested by the prosecutor or the lawyer of the suspect upon approval the judge. Doctors can be as a witness of fact (the treating doctor) or as a witness of opinion (the independent expert witness), depending on the information needed at the court. In providing expert information, the doctor should follow the applicable provisions in Council of Indonesia, so it is important for the doctor to know the ordinances and the attitude of doctors acting as medical witnesses.Keywords: Doctors as medical expert witnesses,legal basis, court, guidelines for expert witness.

scholarly journals THE COST ASPECT OF MEDICAL EXPERT WITNESSES AND THE POSSIBLE INTRODUCTION OF A MEDICAL EXPERT WITNESS PANEL IN SOUTH AFRICA

2018 ◽  
Author(s):  
Emma Tratschler
Keyword(s):  
South Africa ◽  
Expert Witness ◽  
Expert Witnesses ◽  
Court Cases ◽  
Medical Expert ◽  
Medical Practitioners ◽  
Pro Bono ◽  
The Cost ◽  
Cost Aspect

This article is underscored by the importance of expect witnesses on court cases but also the realisation that expert witnesses are often beyond the means of those who need them. An analogy is drawn between the pro bono work that legal practitioners must do and the idea that medical practitioners can serve as expert witnesses as part of their pro bono work. This article will critically evaluate whether medical practitioners should be required to give themselves a certain number of pro bono hours to serve as expert witnesses.

scholarly journals A Brief History of the Expert Witness

2017 ◽  
Vol 7 (4) ◽  
pp. 516-526 ◽  
Author(s):  
Christopher M. Milroy
Keyword(s):  
21St Century ◽  
18Th Century ◽  
Expert Witness ◽  
Expert Witnesses ◽  
Paper Briefly ◽  
History Of ◽  
Accepted Part ◽  
Civil Trials ◽  
The Uk

Expert witnesses are now an accepted part of criminal and civil trials. The use of expert witnesses and the admissibility of their science has developed over the last 250 years, when the concept of allowing an expert witness to give opinion evidence on the facts of other witnesses was allowed by Lord Mansfield in the case of Folkes v. Chadd in 1782. This paper briefly describes how court procedures have changed over the centuries before opinion evidence was admitted and then traces the history of the expert witness in England, USA, and Canada, examining issues of admissibility and duties of the expert from the 18th century to the 21st century. The paper further describes the change in admissibility with US decisions in Frye and Daubert and how they have affected courts in the UK and Canada. Also described are recent decisions in the UK on duties of experts and immunity from suit.

Expert valuation witnesses in the UK – problems and solutions

2002 ◽  
Vol 20 (4) ◽  
pp. 316-353 ◽  
Author(s):  
Neil Crosby ◽  
John Murdoch ◽  
Anthony Lavers
Keyword(s):  
Current Practice ◽  
Expert Witness ◽  
Case Analysis ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Performance Training ◽  
Problems And Solutions ◽  
The Uk

This paper addresses the performance, training and organisation of expert valuation witnesses in the UK. Previous research, based on analysis of professional negligence cases in the UK courts, had found that expert valuation witnesses do not always perform rationally, for example informing courts that valuations can be undertaken within acceptable tolerances of valuation accuracy, while giving expert evidence that differed by more than these tolerances. There was evidence that, while well aware of their overriding duty to the court or tribunal, expert witnesses were frequently producing client‐biased valuations. Such findings provoked questions as to whether standards would be improved by two recently proposed alterations to current practice: either the introduction of a system of compulsory training and accreditation for such witnesses, or a change from the process by which expert valuation evidence is normally presented (one expert witness for each party to a dispute) to the use of a single expert, appointed either by the parties jointly or by the court. A case analysis is performed and conclusions discussed.

9. Opinion evidence

2019 ◽  
pp. 174-191
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Expert Opinion ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Criminal Cases ◽  
Civil Cases ◽  
The Uk

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.

scholarly journals Performing Expertise: The Design of Audiovisual Links and the Construction of the Remote Expert Witness in Court

2018 ◽  
Vol 28 (5) ◽  
pp. 698-718
Author(s):  
Emma Rowden ◽  
Anne Wallace
Keyword(s):  
Cognitive Load ◽  
Empirical Research ◽  
Expert Testimony ◽  
Expert Witness ◽  
Mode Of Delivery ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Jury Trials ◽  
Technological Improvements ◽  
The Relationship

This article reports on empirical research conducted into the use of audiovisual links (videolinks) to take expert testimony in jury trials. Studies reveal ambivalent attitudes to court use of videolink, with most previous research focussed on its use for vulnerable witnesses and defendants. Our study finds there are issues unique to expert witnesses appearing by videolink, such as compromised ability to gesture and interact with exhibits and demonstrative tools, and reductions in availability of feedback to gauge juror understanding. Overall, the use of videolinks adds an additional cognitive load to the task of giving expert evidence. While many of these issues might be addressed through environmental or technological improvements, we argue this research has broader ramifications for expert witnesses and the courts. The use of videolinks for taking expert evidence exposes the contingent nature of expertise and the cultural scaffolding inherent in its construction. In reflecting on the implications of these findings, and on the way that reliability, credibility and expertise are defined and established in court, we suggest a more critical engagement with the relationship between content and mode of delivery by stakeholders.

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