EWJ June 2024 web - Journal - Page 29
objectively advanced by the experts, based upon the
entirety of the evidence and the correct legal
principles.
Dr. Piers N Plowman
Senior Clinical Oncologist/Radiotherapy
Final Thought
Muyepa and Scarcliffe provide some important lessons
on how to get claims right, and why many of the cases
currently working their way through the litigation
process may not be worth as much as the parties believe due to misunderstandings on the part of the experts and the lawyers. It would be a mistake to
suppose that this is a storm in a teacup relating to just
one High Court Judge. Parties should not continue
with business as usual and hope that they get a different judge should their matter go to trial. The more
prudent course would be to assume that the senior judiciary with personal injury/clinical negligence experience talk to one another about these issues,
provide/devise training to more junior judges, and
that these cases will be cited regularly in front of judges
of all levels who will pick up the baton. It seems likely
that the issue of the role of experts and erroneously
overstated damages is not going to go away soon.
MA, MD, FRCP, FRCR, Senior Consultant at
St. Bartholomew’s Hospital and Great Ormond
Street Hospital, London.
Adult and Childhood Cancer.
Radiotherapy, chemotherapy, targeted genomic
therapy and immunotherapy for cancer.
Consequences of delays to diagnosis and all causation
issues.
Also specialises in radiation exposure risks - clinical
and other scenarios.
Author of textbook on complications of therapy.
Over twenty years experience as Expert Witness for
above.
Also specialises in delay to diagnosis.
14 Harmont House
20 Harley Street, London, W1G 9PH
Tel: 020 7631 1632
Fax: 020 7323 3487
Email: nplowman@doctorplowman.com
Bruno will be running seminars on these topics for his
instructing solicitors. If you would be interested in receiving a seminar at your firm, please get in touch with
Will Meade, Email: wmeade@oldsquare.co.uk
References
1 (i) expert evidence presented to the court should be, and
should be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies
of litigation
(ii) an expert witness should provide independent assistance to the court by way of objective, unbiased opinion in
relation to matters of his expertise
Mr Jaykar Panchmatia
MA (Cambridge) MPH (Harvard) MB BChir (Cambridge) FRCS (Trauma & Orthopaedics)
(iii) an expert witness should state the facts or assumptions
upon which his opinion is based. He should not omit to
consider material facts which could detract from his concluded opinion
Consultant Orthopaedic & Spinal Surgeon
High confidence, high quality, high speed reports
Cambridge University | Harvard University | Fulbright Scholar |
Johns Hopkins Fellow | Robert Jones Gold Medal Winner
(iv) an expert witness should make it clear when a particular question or issue falls outside his expertise
Mr Panchmatia is a Consultant Orthopaedic Spine Surgeon at Guy’s and St. Thomas’
Hospitals NHS Trust. He has presented internationally, and is published widely in
orthopaedic and neurosurgical journals. His Spine Fellowship was at Johns Hopkins
Hospital, USA. Mr Panchmatia graduated from Cambridge and Harvard Universities.
(v) if an expert’s opinion is not properly researched because he considers that insufficient data is available, then
this must be stated with an indication that the opinion is
no more than a provisional on. In cases where an expert
witness, who has prepared a report, could not assert that
the report contained the truth, the whole truth and nothing but the truth without some qualification, that qualification should be stated in the report
Experienced Expert Witness
• Direct access to expert – no agency fees.
• Short waiting times; urgent instructions can be accommodated.
• High quality reports, delivered promptly.
• Specialises in serious/ complex high value injuries.
• Cardiff University Bond Solon Expert Witness certification.
Instructions Welcome
• Personal injury and clinical negligence claims.
• Work-related injuries and diseases, industrial injuries and disability reports.
• Civil and criminal instructions.
• Medical reports; desktop reports; screening reports; case conferences.
(vi) if, after exchange of report, an expert witness changes
his view on a material matter having read the other side’s
expert’s report or for any other reason, such change of
view should be communicated (through legal representatives) to the other side without delay and when appropriate to the court
• Accept instructions on behalf of: Claimant, Defendant and Joint.
• Mr Panchmatia is registered with APIL, AvMA, National Crime Agency (NCA), and the
UK Register of Expert Witnesses.
Clinical Expertise in all Spinal Conditions
• Spinal fractures
(vii) where expert evidence refers to photographs, plans,
calculations, analyses, measurements, survey reports or
other similar documents, these must be provided to the
opposite party at the same time as the exchange of reports.
• Cauda equina syndrome
• Spinal cord injury including paralysis
• Failed back surgery
• Foot drop
• Whiplash
• Spinal tumour
• Spinal infections
• Neck pain
• Back pain
• Coccygeal trauma
• Complex spine cases
Area of Work
• Nationwide clinics.
• International clinics.
• Home and prison visits.
• Remote and in-person appointments.
Contact Mr Panchmatia
Tel: 020 3861 5495 or 020 3861 5496
Email: Medicolegal@smartspine.co.uk or jaykar@smartspine.co.uk
EXPERT WITNESS JOURNAL
27
JUNE 2024