News: As an expert witness

27 November 2009

When should we approach the GMC?

As an expert witness providing reports to Courts, I have noted that the more serious professionally unacceptable errors are usually settled out of court. Often there is a worrying suspicion that out-of-court settlements might reflect a desire to ‘settle quietly’.

Expert witnesses have had legally enacted access to confidential medical records and are occasionally aware of professionally unacceptable standards of practice or unprofessional behaviour. Should we inform the GMC? Or are expert witnesses bound by legal or medical confidentiality?

Philip D Welsby

Thank you for your letter. It raises a very difficult issue about the circumstances in which the information is shared with the expert – in many cases it will be covered by litigation privilege, which will preclude disclosure to the GMC and others. If a doctor finds them self in this position, they should raise the issue with the GMC (without disclosing details) and seek legal advice from the medical defence organisation.

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