Can any lawyer advise me on what is involved in the role of a 'treating doctor' in court?

[ilikeyoursleeves]

I have been summoned to court within my professional role as a treating doctor of a previous client. I do not really know what to expect though and would be grateful if anyone could explain what will be expected of me? The solicitor said that I will mainly have to talk about what I did treatment wise with the client but I am worried that I will be cross examined and torn apart! (?)

Thanks in advance for any responses.

What would the defence organisation do?

Sorry, I think I have confused things- I wrote a legal report originally for the solicitor, is that me providing a statement?

They may just want you to speak to the medical records, ie did you prescribe such and such on this date? Did you advise client to speak to employer? That kind of thing???

My guess then is that you'll be speaking to the report you have already provided.

Ah Ok that makes sense. Can I take my notes in to court or am I expected to remember everything I wrote in the report?

The defence organisiation would in this situation be able to advise on how to manage the current situation. They would also be able to assist you with any complaints or legal difficulties that you encounter in clinical practice.

If a patient sues you in the future and you are not a member of a defence organisation then you will either have to pay for your own legal support, or hope the trust's solicitor will decide that supporting you will help their case.

Do you have a supervising consultant that you could discuss all this with?

I have previously discussed this with my supervisor but she wasn't that much help TBH.

This court case is in the next few weeks so I think that may be too late to join a defence organisation (can you tell I have been in denial about attending court?).

I keep meaning to get professional indemnity insurance in case anyones sues me, but never got round to it

Do you have another senior colleague that you could ask for advice?

MDU etc really arent expensive if you are in training, and is very important. They are unlikely to cover you for existing issues, but at least then you would have protection going forward.

Its good that you arent the focus of this action, but it can still be easy to get tied up in knots under questioning.

Funny how you think I am in training- I have been qualified for 10 years LOL. But I have ever been called to court before. I have colleagues who I could speak to too for advice but again, most colleagues have never actually been to court.

BTW, would MDU cover for historical cases that may appear out the woodwork? Or is it just from this point forward?

They will usually offer to cover the past for an enhanced rate, but I dont think that extends to things that have already emerged.
Do you know anyone who works in A+E or psychiatry? They are usually more familiar with legal/court things.

ilikeyoursleeves you need to sort out your professional indemnity cover before the end of today.

OP I presume you charged for your initial report.

You can also charge for your attendance at court. Ask around for what others charge per hour. Certainly an hourly rate of £120 should be acceptable to those who want you to appear.

You say you've been summoned. Does that mean you've been served with a witness summons? Even if you have been served with one you can still bill whoever issued the summons. Tell them well in advance what you intend to charge, and get them to "undertake" that they will pay them at that rate. Remember to include travel time and travel costs.

So you are an expert witness if you've provided a report. What collaborate said about fees.

I would have thought the GMC would be the best place to try for guidance.

"Opinion of the court' is the Scottish term for a court judgement. If it was delivered by Lord X then it will be a Court of Session case and a "reclaiming motion" is indeed an appeal.

I'm not a lawyer but my understanding is as a professional witness you are expected to supply factual information obtained in your capacity as the treating doctor. You need to stick to the facts of the particular case.

If the court then requires specialist knowledge and experience the court will appoint an independent expert witness who has no personal involvement with treatment in the case for an opinion.

GMC will give you legal advice, thats where I would go. I'm a nurse and was advised recently I may be asked to give evidence in a CP matter and advised to contact my unions legal team if this happens.

Goodness - if you are not a member of the MDU or equivalent, and you are practising medicine, please join asap.

The MDU will give you good advice. Not sure about the GMC - you could contact them and ask.

You should get professional advice though. Giving a statement in court is a bit of a minefield, especially if there is going to be an expert witness.

STIDW is correct. The treating doctor cannot be the expert witness. The EW is an independent expert who can be appointed by either side.

Do medical Drs not have to be indemnified by someone? I am at that.

I have been asked to provide statements and always get Dental Protection (same as MPS) to check them for me as I would dread saying something that could tie me up in a knot ifI was called for. Fortunately in the cases I have been asked to help (usually assault) I have been excused attending court and my written statement has been accepted.

You really need to find out about MPS/MDU, we couldn't escape university without them throwing freebies at us to get us to choose them. Still really surprised you don't have this already!

Hope you get it sorted.

Doctors dont have to have cover, but it is seen as being extremely important, and admitting that you dont have it would typically make your colleagues go like this :

The NHS does provide a certain level of cover to employees, but this will be directed at supporting the interests of the NHS trust, rather than individuals. It would offer no protection for non-nhs work.

There is an independent expert witness so that is not my role. I am the treating doctor. I will look into getting indemnity insurance asap!

The court case has been settled! Hooray, I don't need to go in now :o

I didn't even know until today- I called the solicitor to ask a few qu's and he said that he had sent a letter last week to say it had been settled and wondered why I hadn't got the letter. Then later on as I was putting out the rubbish for recycling, I found said letter scrunched up in amonst the tins and bottles! Definately the work of my 2 year old- grrrrrrr.

But hey I am ecstatic that I don't need to go to court :) :o :)

I hope you shredded the letter.

what a relief but please please get MPS/MDU?MDDUS cover as soon as you possibly can, working unimdenified is craziness