Estimated read time: 5 mins
In October 2020, I finally fulfilled a dream I had cherished since before my graduation. I was privileged to accept the role of an expert witness – acting in the capacity of a general dental practitioner role.
Since that time, a myriad of cases have landed in my inbox. Dealing with these cases requires some intricate time management, as I fit the work around my busy clinical days. Each one requires a different perspective and thought process to write an impartial report – our first duty is always to the court. Every report must be clear, coherent, and understood by all parties concerned.
I have dedicated a significant proportion of my professional education and development to prepare for this role, undertaking an LLM and Bond Solon expert witness course in conjunction with Cardiff University School of Law and Politics.
But it has all been worth it.
There was a great deal of trepidation when I started in this role, and I asked myself many questions about how my case reports would be received. Would they be suitable for the case workers, solicitors, and counsel at Dental Protection who rely on the information within these reports to decide whether a case has a chance of being settled early or will advance to trial or whether there is a case to answer at all?
Having been taught by some of the top-level UK barristers, and having completed written and oral examinations, along with all the coursework, I know that my report writing has achieved the standard required for an expert witness.
Initially, I went straight to the team at Dental Protection for guidance. They were extremely patient and gracious with their time and taught me the intricacies of report writing. Even though I had passed the Bond Solon course, it was imperative that my case reports would be accepted by my instructing solicitors and meet the requirements of these colleagues.
Every case is different and offers new lessons to learn and reflect on.
I begin each one by reading a letter of approach which offers a small narrative about one of our members who has received correspondence directly from a patient or their legal team about treatment they have carried out.
I then need to enquire about the issue directly with Dental Protection to see if the case falls within my remit of a general dental practitioner, and whether I am available to write the report within a specified time frame – generally four weeks.
If I accept, a formal letter of instruction follows.
Report writing is challenging but rewarding at the same time. I have to assign numerous hours to reading the bundle of documentation that is sent via email. This includes a letter of claim from our opponents, case notes, letters of correspondence, radiology, and so forth.
The smallest details cannot be overlooked or dismissed – they can make a vast difference to the outcome of a case.
A call to the instructing solicitor at Dental Protection is the next step. I enquire about any issues raised and update them on the timeline for submitting my report.
Only a very small proportion of cases end up in court – most are settled long before this happens.
After submitting my report, I always ask for feedback and try to learn as much as possible. The art of reflection allows me to have a better understanding of my experiences and further tailor my case writing skills.1,2
This is a particularly honoured role, and I am working alongside some great people who are genuinely passionate and concerned about the welfare and professional lives of our members.
No-one sets out in the morning with the intention of performing bad clinical work and upsetting their patients. The key is to be honest, humble, caring, and have the intention of doing the right thing daily.
The bulk of cases tend to occur years after the event. The best advice I can offer is what I tell my recent graduates: 'the worst ink survives the best memory’ when it comes to clinical notes.
Your recollection of what occurred may have been distorted by time, so having it in ‘black and white’ will highlight your actions and omissions, along with any conversations and questions that were discussed.
This webinar series and supporting podcasts explore the crucial role of expert witnesses in legal proceedings, including the skills required and the importance of using a diverse pool of experts. Our panel will cover a range of topics, including the training required to take the stand, what it takes to put together a well written report, and a comprehensive overview of the knowledge needed to be an effective expert witness to comply with your duty to the court.