Treading with care: foot care, litigation and the expert witness

This is a practical introduction to acting as an expert witness. The expert's report is an integral part of all litigation concerning allegations of professional negligence. A well‐written report, embodying principles of sound academic research, is less likely to be challenged in court than a badly‐prepared one. An expert should not hesitate to question his terms of reference if they are unclear or require widening. It is crucial to remember that the report is written for the benefit of the court, not the instructing party. In the witness box, the oath to tell the truth, the whole truth and nothing but the truth is paramount. It should be assumed that the Judge can grasp difficult medical concepts but may require fuller explanation than a fellow medical practitioner. It is important to answer the question that has been asked – but it is in order to disagree with a false premise. Appropriate concessions are more likely to impress the court than posturing. Each question should be treated on its merits.

In conclusion, the role of the expert witness is demanding but application of these principles should make it a less daunting experience. Copyright © 2004 John Wiley & Sons, Ltd.