NOTICE BOARD


Immunity for expert witnesses removed


A LANDMARK decision delivered by the Supreme Court has effectively abolished immunity for expert witnesses against claims of negligence in providing evidence for legal proceedings. The historic decision came in an appeal


by motorcyclist Paul Jones who in 2001 was injured after being struck by the car of a drunk driver. Mr Jones launched a damages claim against the driver alleging significant physical and psychological damage and his solicitors instructed a consultant clinical psychologist, Sue Kaney, to prepare an expert report. Dr Kaney wrote a report stating that Mr Jones suffered from post-traumatic stress disorder (PTSD) as a result of the accident and proceedings were subsequently issued with the driver admitting liability. Only the amount of damages remained at issue. But an expert instructed by the


defendant’s solicitor alleged that Mr Jones was exaggerating his symptoms and the judge directed the two experts to meet and come to a joint view. Dr Kaney subsequently signed a statement denying that Mr Jones was suffering from PTSD and describing him as deceptive and deceitful.


Mr Jones claimed that this led to a significantly reduced settlement in his case and he launched a suit against Dr Kaney for negligence in signing the statement, which it was alleged she had not even read. The case was struck out by a high court judge on the basis of a 2000 Court of


IN BRIEF


l BRIBERY ACT COMES INTO FORCE The new UK Bribery Act came into force on 1 July 2011 making it illegal to request, agree to receive, or accept an inducement to act “improperly”. The Act is aimed mainly at tackling major corporate corruption but it is important that


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Appeal decision reaffirming immunity for expert witnesses but was later referred to the Supreme Court as it was considered of general public importance. A majority of five out of seven judges on the Supreme Court panel held that public policy could no longer justify the continued immunity of expert witnesses and allowed Mr Jones’ appeal. In delivering the judgement Lord Phillips rejected the argument that experts will be discouraged from providing expert evidence in future, stating: "All who provide professional services which involve a duty of care are at risk of being sued for breach of that duty. They customarily insure against that risk." Note that members can


be reassured that MDDUS provides access to legal representation and indemnity for expert reports and testimony, provided that the individual member is in the correct category of membership. Members can contact our Membership Team on 0845 270 2038 to ensure that they have adequate and appropriate indemnity.


European medical directory – read the fine print MDDUS is continuing to get calls from members who have inadvertently signed contracts to advertise their details in a 'European Medical Directory'. Doctors apparently thought that the document they had signed and returned was simply intended to confirm details for a free directory listing. But the members subsequently received invoices for payment of significant sums of money from a foreign company. Examination of the document confirms that the final paragraph does state the terms of the contract and the charges. This emphasises the importance of reading all such documents carefully before signing.


medical and dental practices have adequate procedures in place to prevent overstepping the mark with freebies and hospitality. The Ministry of Justice has published a handy Quick start guide on the act which can be found at http://tinyurl.com/3bsqjx7


MDDUS at NAPC conference IN JUNE MDDUS was a major


sponsor of the National Association of Primary Care Commissioning Conference at the Olympia in London. We had many visitors to our conference stand and MDDUS medical adviser John Holden was a speaker at the event – very timely given the recent report of the Future Forum and the responding Government announcement of changes to the NHS reform bill in England.


MDDUS also


sponsored a booklet produced by the BMJ– BMJ Guide to Commissioning For Doctors in England– which was handed out to all delegates at the conference. The booklet provides helpful views on commissioning across the spectrum of opinion and copies are available to all MDDUS members on


request. Contact Karen Walsh on kwalsh@mddus.com


Leading through uncertainty MDDUS has announced new dates in


2011 for its popular ‘Leading through uncertainty’ – an intensive five-day course aimed at doctors in leadership positions. The course is based on a set of


competencies evolved from the General Medical Council’s (GMC) guidance on Management for Doctorsand is designed to challenge participants as leaders and help positively change the way teams are managed. It will furnish the tools necessary to ensure that doctors in leadership roles tackle change and risk positively and help create interdependent, effective relationships in the workplace. The course will be held in our Glasgow


office from Monday, November 28, 2011 to Friday, December 2, 2011 at a cost of £395. For more information or to book a place, contact Ann Fitzpatrick, course


lWINNER OF DENTAL EDUCATION GRANT MDDUS is pleased to announce that the 2011 winner of our £1,000 postgraduate dental education grant is Amy Louise Harper who works as a VDP at Loanhead Dental Practice in Midlothian. MDDUS awards grants


for use in any form of educational training including attendance at courses, conferences and seminars, practice training and the purchase of textbooks.


SUMMONS


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