Chair, Representatives, another year, another series of pleasures serving our members; and as may be expected the grimness in the air has not spared our committee.
Ongoing discussions with the Chief Medical Officer for the 2012 Olympic Games, on the recruitment of doctors have produced some positive outcomes. They are aware of the legislation and insurance limitations on Drs working at the Olympic games.
At least 600 doctors will be recruited on a voluntary basis. They will not be entitled to special leave to attend; they will take annual leave, unpaid leave or negotiate with their employer. LOCOG expect a commitment of at least 10 shifts and in return volunteers will receive free travel on London public transport and meals whilst on duty. However these paragons who surrender valuable personal time for an event of such magnitude will have to provide their own accommodation, which will be at a premium, as well as their own indemntity.
There have been several developments that are at best neutral in court processes.
The Ministry of Justice (MOJ) Central Working Group – are currently reviewing fees paid to experts in legal aid work. The Committee do not support the proposed enormous reduction in expert fees which renders it at close to NHS rates without recognition of the exposure nor special skills required. Interestingly enough those present heard it said that no expert worth their salt would experience a reduction in fees. It would appear that officials expect reports to take longer in future.
In March 2011 the Supreme Court decided that immunity from suit for breach of duty that expert witnesses had enjoyed should be abolished. Even more care must be taken in preparing your work.
The prior expectation of anonymity in Family Division cases has been significantly eroded following the judgement of Sir Nicholas Wall, in the matter of XYZ, leading to serious consequences for Child Protection. How this effects experts is still unclear.
And as if a pattern is emerging the situation on the revalidation and licensing of experts is as murky. Independent Health Care Solutions (IHCS) had tendered to undertake a pilot study of doctors working in specialist fields of practice.
There are rays of sunshine though. The Committee’s conference programme has had another successful year, contributing modestly to the Associations coffers, but more importantly to our members knowledge and skills. The programme will be continued and expanded next year.
The Scottish No Fault Compensation Review Group published its report in February 2011. The report recommends the introduction of a no-fault system based on the Swedish model. The Committee has considered current BMA policy on no fault compensation in England and Wales and we have looked at the NZ experience. Considering the trajectory of developments over a period of time we are not hopeful that the models behind the economic savings of no fault compensation – the primary reason for the Scottish pro-change stance, will hold true.
A deputation from Norway are coming over to hear the UK experience, and the exchange of views will add to the debate.
The Law Commission published its recommendations on expert evidence in criminal proceedings in England and Wales in March 2011. It recommends that there should be a new reliability-based admissibility test for expert evidence. The basis for deciding how reliable is reliable was left open.
This session the committee moved into the Career Doctors and Independent Medical Services Division and their new office space and we welcomed Rosie Hogwood-Helm, who joined Rachel Craine in the Secretariat. I would like to thank Rosie and Rachel for their support. I would also like to thank the elected and co-opted members on the committee for their hard work.
Medico-Legal News Source: British Medical Association
