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It was the summer of 2012. The Olympic Games and for me, more importantly, as a barrister dealing with complex personal injury, particularly those with a military element, the Paralympic Games were in full swing. Her (late) Majesty had seemingly descended from a helicopter with James Bond and all was well in the world. No one had heard of COVID 19 and almost as little (except perhaps my companion) the idea of Brexit. Little did we know…
We, in this case, meant my friend the late Hugh Whiteside – who with his family and the team in Harrogate had conceived, set up and run SpecialistInfo, making it the successful and effective enterprise it had become. My friend and colleague at the Bar, Andrea Barnes and I had been offering courses in medico-legal reporting with SI for around five years by then and Hugh was a big fan. Right up to his sudden lamented death in January 2020, he always wanted to innovate.
“How…” he asked, that lovely day on a bench munching fine buns outside Weetons, “…how can we add value to the whole process of reporting? We have experts you are training, and we have the database that provides information. I think we are missing something.”
What Hugh did not want to do was to create another medico-legal agency. There were plenty of those, from the huge to the small, the aggressively commercial to the charmingly intimate. Many have gone to wall and others prosper, but Hugh saw the need for doctors, whom he cherished as a special breed, to have something more to support their work as expert witnesses.
“I have a few ideas” I ventured, the taste of exquisite pork pie stimulating the little grey cells. “Doctors tell us they never get feedback – except if their evidence is assaulted in Court. They feel isolated and unappreciated. After they have trained, they feel on their own.
The late Hugh and Ruth Whiteside (bottom left) with the SpecialistInfo team in 2017
Why don’t you provide a service that might vet redacted reports, to check that they are of a reasonable standard, and provide access to advanced and refresher training? And keep them engaged through news and information. Updates and where to find contacts.”
Hugh was seized at once. “Yes, quite so – I see it. We have a club or group for experts, which supports and builds them, and helps with their career. We can do that. But we need a name. A name is everything.”
I have to say at this point plainly not when you are pondering the desserts menu of Weetons on summer’s day. Prosecco and Raspberry possets or the cheese board? I was brought back to reality by Hugh’s always delicate interjection.
“I have it!” he said “We will call it the FED – the Faculty of Expert Doctors. How is that for a name?” Fed sounded great but not as good as the Amaretto Trifle we settled on, so we scoffed and pondered. “Do you really want to limit it to doctors?” I asked.
“Ahhh” – it came to us both “The Faculty of Expert Witnesses” “Yes, yes – the FEW”. And so it was born. A friendly grouping of those who wished to be truly expert, and able to demonstrate their standards, by providing a redacted report for assessment and approval, and a commitment to reporting excellence thereafter. The FEW was quite an idea
Ten years on, so it has proven. There would be members and fellows, and a Code of Good Practice. The Code states:
When undertaking Medico-Legal work, all grades of the FEW membership are expected to:
1) Keep up to date with the Civil Procedure Rules and to ensure best practice as an expert by undertaking medico-legal training courses at least every three years.
2) Review and update as necessary their Medico-Legal CV annually and include in it a statement of typical waiting times for appointments and report completion.
3) Reply to communications from law firms or insurers normally within one working day of receipt.
4) Within seven days of receiving and accepting instruction, endeavour to schedule an appointment date for a medico-legal examination and confirm this, or otherwise, to those instructing the expert within one working day of arranging the appointment.
5) Endeavour to complete and release a report within 21 days of the appointment date: where this is not possible to record the reason on the report.
6) Comply with any Court Order provided by the instructing solicitors within the time specified: if unable to do so then promptly to notify all concerned.
7) Reply to any Part 35.6 or other questions received about a report within 21 days of receipt: or promptly to notify the questioner if this is not practicable.
8) Have an efficient administrative system including email, fax and telephone facilities for handling medico-legal work.
9) Refer in their reports to, and document, all relevant correspondence, including telephone calls, between law firms or insurers and the expert or medico-legal secretary.
10) Advise those instructing the expert of any actual or potential conflict of interest before arranging an appointment, should such a conflict be apparent from the instructions.
11) Decline or terminate instructions where an actual conflict of interest is detected.
12) Ensure appropriate indemnity insurance for medico-legal work is in place.
Reports would be read by a barrister and returned in 14 days for a small fee with an analysis and comment to attain Fellowship level. Members and Fellows would demonstrate commitment to the Code and to the additional expert vocation the principles enshrine.
It has been a success – and is an enduring legacy for Hugh and his team. The ten year point also makes a great time to review and re-inspire the FEW and so, to mark its decade, SpecialistInfo have agreed to open the doors of the FEW highest level of Fellowship to those who have completed their 2-day Foundation Course or an Advanced Course – this will not only offer refreshing of skills and a court room drama, but also the review of a redacted report and collegiate membership of something good.
Details of the courses (which cover all aspects of what is now a closely regulated profession) are
on the website and offer the very best of training and companionable wisdom, learning and fellowship. Something of which we all can be proud and raise a glass, or at least a cup of tea, to Hugh for conceiving.
For more information about courses contact Lisa on 01423 787984 or email lisa@specialistinfo.com
For subscriptions contact Emma on 01423 787979 or email emma@specialistinfo.com
The Faculty of Expert Witnesses ( the 'FEW' ) Panel promotes high quality medical expert witnesses to law firms, medico-legal agencies and insurance companies, who subscribe to the SpecialistInfo.com Medico-legal database.
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