PI Brief Update

Appropriate Responses to the Joint Expert Conference - Dr Mark Burgin

28/11/19.This is part of a series of articles by Dr. Mark Burgin. The opinions expressed in this article are the author's own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand.

Dr. Mark Burgin BM BCh (oxon) MRCGP explains how to manage difficult behaviours in the Joint Expert Conference.

There are some behaviours that appear to have more in common with playing games than a professional following their duty.

It can be frustrating for the other expert and the rules do not indicate what the correct response should be.

Understanding that the expert’s role is not to win the case for ‘their’ side but ensure that the issues have been discussed can help.

Changing opinions after conference

It is not uncommon for an expert to change their opinions when writing the joint conference report from those that they expressed in the conference.

An expert should be happy if their opposing number realises that the argument they put forward is unsustainable.

I see the ‘exchange of letters’ that occurs after the conference as part of the conference and an opportunity to find new areas of agreement.

New areas introduced in the report

Changes to the areas of disagreement and agreements and may introduce areas that were not discussed to the document.

Whilst it would have been better to cover all material areas in the joint conference even at this late time the expert can assist the court.

The expert should treat these new areas in the same way and identify the issues that have been agreed and the basis of that agreement.

Delaying completion of the report

Some experts are instructed to not complete the joint report to aid negotiations on other matters and put pressure on the opposing team.

Experts work for the court and such behaviour is unprofessional however it is not for the other expert to deal with.

The solicitors may apply to the court for directions on how to deal with the delay but the expert needs to keep careful records.

Conclusions

Experts can be annoyed if they feel that their opposing number is playing games rather than addressing the task properly.

Ensuring that all material issues have been dealt with in the joint conference can take more time but will reduce the risk that anything new can be introduced.

Allowing the solicitors and court to deal with issues like failing to complete the report can allow the expert to stay independent.

Doctor Mark Burgin, BM BCh (oxon) MRCGP is on the General Practitioner Specialist Register.

Dr. Burgin can be contacted on This email address is being protected from spambots. You need JavaScript enabled to view it. and 0845 331 3304 website drmarkburgin.co.uk

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