Nothing short of a demolition of the expert's evidence

 

Summary

The expert paediatrician in this case misidentified and confused twins when reading the primary medical disclose. This fundamental error was of seminal importance in this case because the twins had very different birth and post-birth experiences, with one being much weaker and more vulnerable than the other.  The judge noted that the cross-examination of the expert was nothing short of a demolition of the expert’s evidence.

Learning points

Learning points for paediatricians:

• The medical expert who prepares the paediatric overview for the court is a key expert witness who, if they fail to discharge their duty risk children being removed from parents who have caused no harm, or left with parents who have.

Learning points for experts:

• In cases involving two or more people with similar characteristics, always double check that you haven't misidentified or confused them. 

• Take care to avoid limiting your enquiries and professional curiosity by seeking a single unifying explanation for the injuries.

• In a case of injury to a child, make sure you properly engage with and scrutinise the account of the parents or caregivers. Remember that determining the facts is a matter for the court.  

• Make sure you have a proper understanding of the operation of the burden of proof when considering the evidence and the potential explanations put forward by the parents.

• In developing your opinion, you must consider your opinion in the light of all plausible factual scenarios, as you do not know which facts will be determined by the court.

• You should correct any error as soon as possible after it has been drawn to your attention, and definitely before any further steps in the process, such as the experts’ discussion.

• If you have made an error, it is important to be able to explain why the error was made.

• In correcting the error, you must consider how the error impacts your full opinion and be ready to explain clearly why it does or does not impact it.

Learning points for instructing parties:

• It is important for advocates to have a detailed knowledge of the case and the facts so that they are able to robustly and critically cross examine experts and fully explore their client’s case.

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