Expert Evidence in Clinical Negligence: A Practitioner’s Guide

Product Details:
Author(s):
Lawrenson, N and
van den Heever, P
Year Published:
2015
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
Expert medical evidence is often essential and pivotal in support or defence of medical negligence. Such cases invariably involve questions of technical and factual complexity requiring the evaluation of conflicting expert medical testimony.
In this book, the first standalone textbook on expert evidence in South Africa, the authors expound and extrapolate the whole process from the initial obtaining of the relevant health records to the eventual testimony of the medical expert witness in court.
The authors offer an instructive guide to busy practitioners to assist them with –
identifying the correct expert speciality or sub-speciality
the construction of a medico-legal opinion
the status of joint minutes of such experts
the preparation of an expert’s examination-in-chief
cross- and re-examination of an expert
Expert Evidence in Clinical Negligence also discusses the invaluable role of experts in the resolution of medical malpractice disputes by way of mediation.
Relevant case law and the applicable Uniform Rules of Court are comprehensively discussed and set out in the footnotes for ease of reference.
Content
Health records
The nature of opinion and expert evidence
The production of expert evidence
Obtaining the expert opinion/report
Preparing the expert to testify
Qualifying costs of the expert witness and related fees
Grading the quality of expert evidence and statistical medical evidence
The role of medical experts in alternative dispute resolution
Training and accreditation of experts
Templates:
Request for clinical notes
Request for access to records (public body)
Request for access to records (private body)
Recognition of specialities
Letter of instruction to expert
Postscript: Oppelt v Head: Health, Department of Health Provincial Administration: Western Cape
Interest / Benefit to
Judges
Advocates
Attorneys
Expert medical witnesses
Health care providers
National Prosecuting Authority
State Attorney Services
South African Private Practitioners’ Forum
Members of the medical and allied professions, their councils, associations, indemnity insurers and protection societies, including:
The Allied Health Professions Council of South Africa
Health Professions Council of South Africa (HPCSA)
Medical Protection Society (MPS)