Forensic & Expert Witness Magazine Yearbook 2020

THE WORLD’S NO1 SURGICAL COACHRodney Peyton OBE

Q&A

We managed to catch up with Mr Peyton OBE earlier this year. He has more than 30 years experience as an expert witness, has been acknowledged as the World’s Number One Surgical Coach and has been voted several times as Expert Witness of the Year.

We started by asking him:-

1 How have your experiences made you a “go to” expert in your field?

My experience as both a military and civilian surgical consultant, particularly through the “Troubles” in Northern Ireland, has meant that I had a wide range of experience dealing with acute trauma from the front line to the operating room. I have dealt with a wide range of orthopaedics and general surgery and have been involved in many thousands of personal injury and medical negligence cases over the years. I continue to teach both doctors and lawyers in medicolegal practice and produce bi-weekly online medicolegal commentaries on interesting cases.

2 So, what do you believe are the keys to being an effective Expert Witness?

Experts must act at all times with integrity, remaining independent and objective. They must remain highly competent in their own area of expertise and have a clear understanding of the legal framework. They must also have excellent communication skills.

3 What are the biggest changes that have occurred over the years you have acted as an Expert Witness?

Being an expert witness has become more professionalised since I started all those years ago. Courts have tightened up in relation to their expectation of witnesses and, of particular importance, has been the loss of immunity from liability. Public adverse criticism can have a great impact on an expert’s personal, professional and indeed financial well-being.

4 What qualifications do you require within your industry which supports your work?

As a medical expert witness, I am expected to demonstrate up-to-date, relevant professional recognition in the specific branch of medicine under discussion. This is done through regular appraisal, revalidation and recertification which leads to full registration in the appropriate medical register held by the General Medical Council.

5 So, what is the number one thing to look for when considering if there has been medical negligence?

Screening reports are vital, looking at an early stage for the triad of duty, potential unreasonable breaches of the standard of care and then the “but for” consequential damage. Such reports should also indicate which specific specialities should be involved as it is not always obvious from the outset.

6 What have you found to be the most common misunderstanding about what constitutes medical negligence?

From a client’s point of view, it is understandable they may be annoyed when their health does not improve after medical intervention. However, poor patient outcomes are not necessarily due to medical negligence and this can be difficult to explain to a client – or even the legal profession! It is necessary for both doctors and lawyers to be empathetic, but not sympathetic, and to know clearly the difference between the two.