Disaster Avoidance for Experts with Neil Sheldon QC
20 December 2019
In our 100th episode, Emma-Louise Fenelon talks to Neil Sheldon QC about how to help your expert stay out of trouble in clinical negligence cases. The episode considers the recent trend in trenchant judicial criticism of expert witnesses and discusses the following cases:
ZZZ v Yeovil District Hospital NHS Foundation Trust [2019] EWHC 1642
Harris v Johnston [2016] EWHC 3193
Ruffell v Lovatt (2018) Unreported, Winchester County Court, 4 April
Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB)
The episode offers a number of lessons to be drawn from these cases and tips on avoiding the more egregious errors to which even experienced experts can be prone. For more on ZZZ v Yeovil District Hospital, see Gideon Barth’s article in the 1COR Quarterly Medical Review here.
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Great reading will also take a look on Spotify for the Law Pod podcasts. Thank you Emma-Louise and Neil
Of ZZZ, I understood the Bolam had been rejected in the 2015 Supreme Court decision of Montgomery v Lanarkshire Health Board.
It would be a serious matter were honestly objective witnesses to be discouraged by fear of the Court.