Medical expert witnesses could face claims for damages for the evidence they give in court following a ruling last week.
The supreme court ruled that expert witnesses such as doctors will no longer receive immunity from claims of breach of duty, either in contract or negligence, when they are commissioned to give evidence by litigants.
The judgement will not affect defamation claims, for which experts receive absolute privilege protecting them from any claims.
BMA medico-legal committee chair Jan Wise (pictured) said the ruling reminded doctors that they must show due care in constructing court reports.
He said: ‘The judgement is clear that the duties lie in reaching the opinion; [this is not about] whether opinions might be unfavourable.
‘It reminds doctors once again that court reports are a serious matter requiring time, attention, care and knowledge to craft properly.’
Doctors acting as expert witnesses to litigants will now need to ensure they have appropriate insurance in place to protect themselves against litigation.
Last week’s ruling was made by the supreme court in the case of Paul Wynne Jones vs Sue Kaney.
In this case, the expert witness changed her opinion over whether the claimant was suffering from post-traumatic stress disorder after a traffic accident, and a claim for negligence followed.
Source: BMA
