MPS welcomes new GMC guidance for expert witnesses

The Medical Protection Society welcomes the GMC guidance for medical expert witnesses published following a number of high profile court cases.

MPS provides professional support and expert advice to doctors and dentists for the ethical and legal issues arising from their professional practice.  This includes their work as expert witnesses.  We have considerable firsthand experience of the challenges expert witnesses can face, and see these guidelines as essential in clarifying the GMC’s expectations of doctors in this role. 

Stephanie Bown, Director of Policy and Communications said: “In our experience over recent years, medical expert witnesses, particularly in child protection proceedings, have come under scrutiny about the quality of their evidence.  The principles of expert witness immunity have also been increasingly undermined.”

“Following a small number of high profiles cases, the threat of regulatory sanction and public vilification has had a real impact on the willingness of doctors to undertake medical expert witness work. This has been particularly acute in cases involving child protection issues which are frequently highly contentious and emotionally charged, and where there is a great deal at stake for all the parties involved.”

The guidance covers the role and responsibilities of the expert witness in giving expert opinion and evidence, keeping up to date, information security and disclosure, and conflicts of interest. It emphasises that medical experts must:

• Recognise their overriding duty to the court and to the administration of justice
• Give opinion and evidence within the limits of professional competence
• Keep up to date in their specialist area of practice
• Explain where there are a range of views on a particular question
• Take appropriate action where they change their opinion

Bown further commented: “If experts follow the new guidance and ensure they understand and fulfil their duties to the courts, they should be in a strong position to defend themselves against litigation or an investigation by the GMC.”

“The importance of this guidance cannot be overstated, and all medical experts should be familiar with it and adhere to it in practice.”

Doctors seeking further advice are encouraged to contact MPS.