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Why would you join in chambers with other experts?
By Mr Kashif Qureshi BSc MB BS FRCOphth consultant ophthalmic surgeon
[WHEN ASKED to write an article to answer that question it’s worth considering the definition of an expert witness: “A person whose level of specialised knowledge or skill in a particular field qualifies them to present their opinion about the facts of a case during legal proceedings.”
I have been a qualified doctor for 23 years now, working mostly in the NHS. During that time I have had the privilege to see some examples of the best care possible provided for patients. Unfortunately, I have also witnessed some examples of significant patient harm caused by negligence.
Consequently, I decided four years ago to become an expert witness, whereby I could draw on my specialised knowledge to give an expert opinion regarding cases of medical negligence. I was very fortunate to be approached by a very highly regarded organisation, Eye-Law Chambers, that has the collective experience of some of the best and most experienced ophthalmologists and optometrists in the UK.
Working as an expert witness enables me to help patients get an expert opinion regarding issues that have affected their lives. That expert opinion must be impartial, honest and within the scope of expertise of the witness and must never stray into becoming an advocate. Working as an expert witness also enables me to be a better clinician, providing better care for patients and enabling me to learn from the cases we encounter.
Even in a speciality field within medicine such as ophthalmology, there are many niche areas which need a range of expertise to manage diseases affecting each structure. Having detailed speciality-specific knowledge about all areas of the eye is exceedingly difficult if not impossible. It is, therefore, particularly important to work alongside other complementary specialists, who can cover their specific areas so that patients get the best possible service.
Working within a group of expert witnesses we can serve patients and their legal representatives better by ensuring that we provide expertise within the scope of our practice. It is notable that all the experts in Eye-Law Chambers are in active, current clinical practice and are not doing medicolegal work in retirement.
Having access to fellow experts can also provide different opinions regarding a case from differing perspectives. That may be important to identify an aspect of a case that may not be initially obvious. Some may view working with a collective as a disadvantage, as it may reduce the independence of an expert; however, in practice the opposite seems to be true.
In an organisation such as chambers there is also administrative support which provides a connection with the instructing lawyers and the clients. This support reduces the time wasted on administrative tasks, which benefits the patient and their legal representatives by enabling more timely delivery of expert witness reports. Additionally, where there is more than one expert in a particular field, the clients are better served by having cases dealt with in a timelier fashion.
I have found working in chambers a great experience and have benefited from the reduced administrative burden, while also having new colleagues for support and mutual help. The model should be more widely used. q • For further information visit www.eyelawchambers.com. 56 56 www.yourexpertwitness.co.uk