WHAT KIND OF SKILLS MEDICO LEGAL EXPERTS SHOULD HAVE?

WHAT KIND OF SKILLS MEDICO LEGAL EXPERTS SHOULD HAVE?

Medical experts are crucial in many legal cases, from clinical negligence claims to GMC hearings and Inquests. Medico legal experts work with lawyers to produce written reports which will be used in court proceedings.

Reports of medico legal experts are used for legal proceedings such as employment tribunals, GMC hearings, and inquests. A well-written medico legal report can bring clarity and resolution to cases.

MEDICAL AND PHARMACEUTICAL KNOWLEDGE

Medical expert witnesses use their scientific, psychological, and medicinal knowledge to offer opinions and insights in legal cases. This enables courts to make informed decisions about compensation claims.

Medical experts need to understand the legal principles and precedents that show how a court will assess its evidence. They also need to develop analytical and evidential writing skills. This is called ‘developing a medico legal mind’.

Medico legal experts need to understand that their duty is to the Court, not to their instructing lawyer or their client. Therefore, they must remain impartial, explain a range of opinions and options, and not defend the indefensible. This is a difficult task that many medical experts need help meeting. This is often due to the pressures of a ‘contractual’ relationship or incentives of a financial reward, or the threat of their business contract with another party. This can result in poor-quality reports and sometimes bad appearances in Court.

COMMUNICATION SKILLS

Medico legal experts must be capable of conveying complex medical information clearly. In addition, they must be able to communicate with their instructing solicitors and members of the Court. This requires excellent written and oral communication skills.

They must also be able to separate their opinions from the case they are working on. This is because they must be objective and impartial when assessing the evidence presented in the case.

In recent years it has been shown that a doctor’s explanation to patients is one of the factors potentially responsible for medical litigation. This has led to a great deal of research into the matter and has resulted in several reports.

Medico legal experts are often called upon to provide an expert opinion in employment tribunal cases, such as when employees allege they have suffered psychiatric damage due to discrimination based on sex, sexual orientation, race, or disability.

REPORT WRITING SKILLS

A medico legal expert must be able to write a clear and concise report. It should contain all the facts and express independent opinions with supporting arguments and findings. It is also important to include any relevant documents. Medico legal reports are often used in court cases and must be accurate and clear.

A good medico legal report should be written in the first person, addressing it to an intelligent lay reader and using straightforward language. Avoid medical jargon and abbreviations, and explain any technical terms and tests. Medico legal experts should also clearly state their reasons for making clinical judgments in the report.

All experts who provide medico-legal reports must read the Civil Justice Council’s advice on preparing expert evidence which is available here. The advice is particularly important for those providing medico-legal reports in civil claims. In addition, the report must include the declaration required by Part 35 of the Civil Procedure Rules.

EXPERIENCE

Medico legal experts often work with a variety of solicitors in a range of different areas. This includes preparing mental health reports for employment tribunals or disputes over guardianship and capacity. Therefore, it is important that these professionals can assess a client’s normal behavior to provide an accurate and unbiased report.

Medico legal work is an attractive option for doctors looking to diversify their careers, take a break from clinical practice, or leave the NHS altogether. It is a career choice that can be highly rewarding, as the outcomes of medical litigation can genuinely impact change in Trusts. However, pursuing a medico legal career involves significant time and effort. This can be difficult for many specialists to balance alongside their day-to-day duties.

CONCLUSION

Moreover, they also understand that medical certainty is not always required for a civil case. This is particularly true when it comes to liability for injury and damage.