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In 1966 Robert F. Kennedy delivered a speech that included a passage: there is a Chinese curse which says “May you live in interesting times.” He could hardly have contemplated the rise of President-Elect Trump or Ambassador Farage¹ - but for medico-legal experts these are interesting times.
Having lost their protection from being sued in Jones v Kaney² and been given a role in weeding out fraud³, forced in low value matters to register with MedCo⁴ if they want to work independently in this area of work, there are now remarkable proposals coming from Government to limit damages for soft tissue injuries to £425 whatever a doctor finds. There is even a proposal, again from the Ministry of Justice, to remove the burden on defendants to pay for legal costs and the medico-legal expert’s fees in proving the injury!⁵
Quite what this will mean in practice is very difficult to predict. In higher value cases, there will be a premium on resolution, whether from expert determination or adjudication, to doctor-led mediation under the NHS Litigation Authority’s new scheme which will be announced in January. It is certain that evidence will need to be tightened and medico-legal experts will need to understand the context and best practice in resolving claims, be they clinical negligence or personal injury matters.
This should not depress the community. There is no reason to be dour – a can-do attitude will be far more effective. To that end, a leading former High Court Judge has called practitioners to a seminar in Manchester on 18th January 2017.
Perhaps best known as Lady Justice Smith, Dame Janet was called to the Bar in 1972, practising in Manchester and specialising in personal injury and clinical negligence cases before taking Silk in 1986. She prepared The Shipman Inquiry in 2002 and that same year became only the fourth woman to be appointed to the Court of Appeal. Dame Janet has been the Treasurer of Lincoln’s Inn, the Independent Assessor for Miscarriage of Justice Compensation and President of the Council of The Inns of Court. More recently she was appointed by the BBC to lead the Savile Enquiry and her report was published in February this year. Dame Janet also acts as an independent assessor and an accredited Mediator.
Under her chairmanship, practitioners will meet at Exchange Chambers, Deansgate, Manchester⁶ on 18th January to hear and discuss ways of making the medico-legal and claims resolution process better – a New Year’s Revolution. Despite the passing of Fidel Castro, the author believes that revolution is in the air – and that the new year will toss real firecrackers onto the embers of the personal injury and clinical negligence world. To that end there are assembled a conspiracy of experts in various fields.
Recognising the importance of medico-legal experts, Dr Mike Devlin, Head of Professional Standards, at the MDU will address the seminar, and will discuss the challenges that experts face. Mike is a former Army Medical Officer who brings a very practical style to the role in the MDU. He sees the difference doctors make in society, and personal injury claim, and is passionate about the ethical and effective work that medico-legal experts are required to undertake.
In the public sector, the NHSLA will discuss their approach to evidence in 2017 and leading personal injury silk, Bill Braithwaite QC, will look at the ways that experts can adjudicate disputes. A panel will then discuss options and experts will be encouraged to join the debate.
Newly-crowned Personal Injury Mediator of the Year, Jonathan Dingle will look at the role of mediation and how the NHS is going to work its scheme. He will draw on the increasing use of mediation in Trusts both to iron out complaints and to help Consultants and other staff work effectively. He will explain the role of experts as mediators and the strengths and weaknesses of mediation.
Presentation, though, is important – in the witness box and on paper. Leading BBC character actor, Andrea Gordon, will offer a session in the seminar, on presenting evidence as an expert witness or indeed a barrister. Andrea’s courses in non-verbal communication are sought after and it will be interesting to compare the way in which medico-legal experts think they appear and how they actually come across when giving evidence.
The real force of the day, though, is in discussing and understanding the Revolution in resolving claims that is coming. By October 2017 there will be a whole new game in town and those who understand its business and requirements will be well placed to work in it and to thrive. It will be a collaboration between all the professions involved and the results of the day will be passed on to those discussing the way ahead through the number of senior judicial figures attending.
Robert Kennedy never had the chance to do what history perhaps intended for him. Castro perhaps over-achieved. But even in the sometime arcane field of medico-legal reporting there is a time to be interesting. The author hopes to see as many experts as possible in Manchester on 18th January* to fulfil the proverbial prediction.
*A New Year’s Revolution will be held at Exchange Chambers, 210 Deansgate, Manchester M3 3NW from 0900 to 1700 on 18th January for full details click here
The fee is £80 plus VAT. It includes materials, lunch, and a prosecco networking reception. Any profit will be donated to charity. To book a place please call 0207 353 3936 or email revolution@218strand.com
¹ The author acknowledges (hopes) that at least one of these might not eventuate
² Jones v Kaney [2011] UKSC 13
³ See: Section 57 Criminal Justice and Courts Act 2015
⁴ http://www.medco.org.uk/home
⁵ https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/570181/reforming-soft-tissue-injury-claims-process.pdf
⁶ Exchange Chambers, 201 Deansgate, Manchester M3 3NW
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