Current and future challenges facing medico-legal experts – An expert’s view

Abstract

Recent notable changes in the legal landscape have resulted in a significant evolution of the expert witness role and created unique challenges. The number of clinical negligence cases continues to rise, with a greater public awareness of the litigation process, and additional clinical risk associated with an increased complexity of diagnoses/treatment and changes in clinical pathways. Many cases are high value and/or complex and following the Jackson reforms, urgent deadlines are more commonplace. Experts are now asked to provide a broader level of opinion and support to increasingly overworked and time pressured solicitors. To maintain high-quality opinion, experts are having to further professionalise their practices and work more closely and proactively with instructing parties while at the same time protecting their independence. Increased pressure to cut costs, the post-Jackson need for speed of response, changes in data protection laws and IT processes and loss of immunity have all led to a more resource intensive role. The challenge for experts is to develop sufficient medico-legal experience with adequate administrative support, alongside clinical work, to provide higher quality services and ultimately improved outcome for patients, doctors and Trusts. Through the opinion of an oncology expert, current and future challenges for the medico-legal expert are highlighted along with potential implications for patients, relatives, doctors and health care providers.