Petition updateOrder a Public Inquiry into NHS Whistleblowing with an investigation into the waste of public funds by the Department of Health.The Expert World.

Rita PALUk, ENG, United Kingdom
Oct 27, 2015
In the good old days of war and peace, Arpad Toth and I used to discuss numerous things on medicolegal issues. Arpad and I ended up helping out in many cases. Here is Arpad's starry moment http://www.theguardian.com/theobserver/2000/sep/24/life1.lifemagazine4 . He was the first member of the public to have taken the GMC to ask and won. Quite right too but in the end the GMC did their usual and allowed the doctor he complained about to swan off into the sunset with a full pension. Everyone can look him up on the internet.
Anyway, our specialty was really dissecting expert reports down to its bare bones and applying some logic. Its common knowledge that many medical experts will mislead claimants who have a valid case. Experts hired by the GMC do this frequently. Its because of this, anyone challenging the system should be aware of the following aspects.
1. All reports should be evidence based. This means the expert should be able to quote research papers for their reasoning. Evidence based medicine and the reference list is important in all expert reports.
2. This is the protocol for instructing experts. Its an interesting read https://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/practice_directions/pd35_pdf_eps/pd35_prot.pdf
3. The GMC guidance on Expert Witnesses is here http://www.gmc-uk.org/guidance/ethical_guidance/21193.asp . There are a lot of other documents on the GMC website that may be useful.
4. Read and make notes on the medical subject yourself. By doing this, you won't be hoodwinked by experts. Toth for instance read up on the entire condition his son had suffered from.
Now, sometimes there is a problem with UK experts. This is really because doctors like to support their friends. Its important to research your expert and find any conflicts of interest with the organisation you are in conflict with.
We developed a neat little trick. The USA is full of excellent organisations. Most like the Mayo Clinic will do an expert opinion. While this cannot be used in court, it can be used as a document to persuade experts here on the argument you wish to develop. By this I mean, obtaining a opinion from the USA and using it to obtain a persuasive and similar opinion in this country. The logic here is that doctors often agree with other doctors and while this is an interesting way of circumventing running against the brick wall, its only recommended if you have no other alternative. The other important point to note is this, the more senior and famous the USA opinion, the more likely it is to be taken seriously in this country. Its important to remember that most things can be won by evidence and logic if your case is justified. While experts may let you down in the UK, its worth fighting for what you believe in.
I am not a great fan of litigating against the NHS but sometimes individuals are left with little or no alternative in justified cases. Occasionally, the disclosures during litigation gives individuals the answers they need for closure.
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