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World Report - UK & Ireland
SURGEONS
Lawyer Monthly Expert Witness Guide 2014/2015 AUGUST 2012
Tudor ThomasTurner Rise Consulting Rooms
Lawyer Monthly speaks to Tudor Thomas from Turner Rise Consulting Rooms about Surgeons
Please introduce yourself and your role.
I was trained as a General Orthopaedic Surgeon and when first appointed as a Consultant Trauma and Orthopaedic Surgeon over 25 years ago, I was one of only three orthopaedic surgeons serving a population of 350,000 people. This meant that I had to be capable of undertaking a very wide range of practice.
gained in all aspects of trauma and orthopaedic surgery. Then, a specialisation developed, my areas of special interest were the spine, the limbs, especially the lower limb and paediatric orthopaedics.
How long have you acted as an expert witness for and what drew you to begin?
I have been preparing medico legal reports for approximately the same period that I have been working as Consultant Orthopaedic Surgeon. When I was first appointed, very many medical reports were written by orthopaedic surgeons, which is how I became involved in medico legal work. It was something in which I became very interested.
I have
seen the process become much more sophisticated and efficient over time. To keep up to date with current expected practice I have regularly attended courses on the subject, in order to keep abreast of the changes occurring. I am a member of both the Expert Witness Institute and the Academy of Experts.
What are the main types of cases you are called to work on?
My practice involves personal injury and medical negligence cases. The types of case vary from quite simple cases to those involving more complex injuries/events/treatment. I work for Claimants Solicitors, Defendants Solicitors and as a single joint expert.
What are the main challenges you face and how do you navigate them?
In such a situation extensive experience is
The Jackson Reforms which commence very soon will inevitably lead to some changes in the way expert opinion is obtained. Expert opinion will I am sure continue to be required in many cases. However I think experts will need to be more flexible with this type of work and to be well aware of the changes and their possible implications. I have decided to attend the following courses in the near future:
a. On the implications of the Jackson Reforms b. The practice of hot tubbing.
In this way I hope that I will be able to continue to provide high quality medical reports in the way required.
Do you often work on cases involving medical malpractice? What are the main complexities in such cases?
Medical negligence cases are of course very different from personal injury cases. It is important with medical negligence to try and distinguish between treatment that is perhaps less than ideal from treatment that is negligent and in which the patient has suffered some harm. The Bolam test is that which applies. My experience has been that negligence is not common but a pattern of care that could be considered suboptimal is becoming more common. This applies not only to medical treatment but also to the associated professions involved in healthcare.
How valuable to the law do you think expert witnesses in the field of surgery are?
Some of the issues involved with injury and orthopaedic treatment can be quite complex. This is especially the case where the outcome may not be clear and then it is very important to discuss a range
of possible opinion/options. The role of the expert very clearly is to assess all the issues and then give a definitive opinion or make any recommendations. These issues I think are at times too complex for a Court to make a decision without the assistance of expert opinion.
There is a tendency now for the expert to be asked to examine or assess a claimant before all the relevant information that needs review, is available. It is a lot easier if all the documents and x-rays that need to be reviewed are available prior to the clinical assessment.
The expert now generally provides notes in an electronic form. Assessing electronic notes is not always quite as easy as assessing paper notes and it would be much easier and quicker for the expert if the notes when provided, were in chronological order and all the pages were arranged in a symmetrical way.
In undertaking expert witness work, I have found that my clinical practice has been enhanced because of the research and assessment of current literature that is often required.
Are there any changes that would help you in your capacity as an expert witness? If yes, please explain.
My opinion is that at some stage in the future there will need to be an accreditation process for experts. That will not be easy to arrange, for the issues will be quite complex. However with revalidation now commencing for medical practitioners, I think it is inevitable that some form of accreditation will be required for practitioners wishing to work in specialised areas.
Tudor Thomas BDS, FRCS
Turner Rise Consulting Rooms 55 Turner Road Colchester CO4 5JY
01206 752888
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