MEDICO LEGAL M A G A Z I N E
A REVOLUTION FOR MEDICO-LEGAL EXPERTS? By Jonathan Dingle FRSA, Barrister and Course Leader for SpecialistInfo Medico-Legal Courses
Dame Janet best known as Lady Justice Smith
Dr Mike Devlin Head of Professional Standards, at the MDU
In 1966 Robert F. Kennedy delivered a speech that included a passage: there is a Chinese curse which says “May you live in interesting times.” He could hardly have contemplated the rise of President-Elect Trump or Ambassador Farage1 - but for medico-legal experts these are interesting times. Having lost their protection from being sued in Jones v Kaney2 and been given a role in weeding out fraud3, forced in low value matters to register with MedCo4 if they want to work independently in this area of work, there are now remarkable proposals coming from Government to limit damages for soft tissue injuries to £425 whatever a doctor finds. There is even a proposal, again from the Ministry of Justice, to remove the burden on defendants to pay for legal costs and the medico-legal expert’s fees in proving the injury!5 Quite what this will mean in practice is very difficult to predict. In higher value cases, there will be a premium on resolution, whether from expert determination or adjudication, to doctor-led mediation under the NHS Litigation Authority’s new scheme which will be announced in January. It is certain that evidence will need to be tightened and medico-legal experts will need to understand the context and best practice in resolving claims, be they clinical negligence or personal injury matters. This should not depress the community. There is no reason to be dour – a can-do attitude will be far more effective. To that end, a leading former High Court Judge has called practitioners to a seminar in Manchester on 18th January 2017.
Sp o n s o re d by:
Perhaps best known as Lady Justice Smith, Dame Janet was called to the Bar in 1972, practising in Manchester and specialising in personal injury and clinical negligence cases before taking Silk in 1986. She prepared The Shipman Inquiry in 2002 and that same year became only the fourth woman to be appointed to the Court of Appeal. Dame Janet has been the Treasurer of Lincoln’s Inn, the Independent Assessor for Miscarriage of Justice Compensation and President of the Council of The Inns of Court. More recently she was appointed by the BBC to lead the Savile Enquiry and her report was published in February this year. Dame Janet also acts as an independent assessor and an accredited Mediator. Under her chairmanship, practitioners will meet at Exchange Chambers, Deansgate, Manchester6 on 18th January to hear and discuss ways of making the medico-legal and claims resolution process better – a New Year’s Revolution. Despite the passing of Fidel Castro, the author believes that revolution is in the air – and that the new year will toss real firecrackers onto the embers of the personal injury and clinical negligence world. To that end there are assembled a conspiracy of experts in various fields. Recognising the importance of medico-legal experts, Dr Mike Devlin, Head of Professional Standards, at the MDU will address the seminar, and will discuss the challenges that experts face. Mike is a former Army Medical Officer who brings a very practical style to the role in the MDU. He sees the difference doctors make in society, and personal injury claim, and is passionate about the ethical and effective work that medico-legal experts are required to undertake. In the public sector, the NHSLA will discuss their approach to evidence in 2017 and leading personal injury silk, Bill Braithwaite QC, will look at the ways that experts can adjudicate disputes. A panel will then discuss options and experts will be encouraged to join the debate.
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