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Dealing with expert witnesses in medical negligence cases seminar

Date: 1st October 2019

Time: 13:00 - 16:50

Location:
Law Society of Scotland
Atria One
144 Morrison Street
Edinburgh
EH3 8EX

CPD Hours: 3hours

This seminar is designed to provide you with the practical tools and guidance on what to keep in mind and be aware of when dealing with expert witnesses
Training Details


Expert evidence can play a key role in the success of your case. When dealing with experts, there are many practical aspects that you need to keep mind to ensure the best possible outcome for your clients. What are the roles and duties of an expert witness? How do you identify the right experts, and how do you ensure that they are correctly instructed to prepare the report? What are the key issues emerging from cross-examination, and how do courts deal with conflicting expert opinions?

This seminar is designed to answer all these questions, and to provide you with the practical tools and guidance on the aspects to keep in mind and the potential pitfalls to be aware of when dealing with expert witnesses. It will also offer you the opportunity to join our expert speakers in an interactive session to discuss particular issues affecting your practice.

Speakers

We are delighted to have the following speakers present at this seminar:

  • Robert Milligan QC, Compass Chambers (chair)
  • Darren Deery, Drummond Miller LLP
  • Trish McFadden, Digby Brown
  • Amber Galbraith, Compass Chambers

By attending this seminar, you will:

  • Get expert insight on the main aspects to keep in mind and the pitfalls to avoid when taking expert evidence;
  • Gain practical advice on how to ensure that your experts are properly prepared and instructed;
  • Join our speakers in an interactive panel discussion in which the defender’s perspective will also be considered.
  • 13:00 - 13:30

    Registration and lunch
  • Speaker
    Robert Milligan QC, Compass Chambers
  • 13:40 - 14:25

    The expert witness in medical negligence cases: introduction

    • The role and duties of an expert witness
    • Obligations of experts and solicitors
    • Choosing the right expert: top tips and what to look out for

    Speaker
    Darren Deery

    Darren graduated from Edinburgh University with an LLB (Hons) in 2006 before commencing his traineeship with Drummond Miller LLP. He became a Partner in the Clinical Negligence department in June 2016. The team has expanded considerably over that period and is recognised as one of the leading firms (for pursuers) in Scotland. He heads the department together with Liesa Spiller in addition to sitting on the Management Board. 

    He has specialised in clinical negligence since qualifying and has a wealth of knowledge and experience. He has had hands-on experience in a wide variety of claims. He has particular interest and expertise in birth damage cases. He has daily contact with both clients and medical experts. He has experience of litigating in the Sheriff Court, Court of Session and Supreme Court. He has been involved in some of the highest value and most complex medical negligence cases in Scotland in recent years.

    He is listed in the UK Chambers Guide in the area of clinical negligence - where he has been described as “very tenacious and extremely thorough” and “a very impressive young lawyer who is extremely practical” with a “fantastic bank of knowledge”. He is invited annually, as a guest speaker, to the Medical Law & Ethics LLM course at Edinburgh University. He has taught for a number of years on the Diploma in Legal Practice at Edinburgh University. He is a member of the Compulsory Clinical Negligence Protocol reference group and the Rules of the Court of Session Chapter 42A Amendments Focus Group (particularly relevant to clinical negligence actions).

    14:25 - 14:55

    The expert report

    • How to correctly instruct your expert to prepare the report: aspects to keep in mind and pitfalls to avoid
    • Issues of evidence

    Speaker
    Trish McFadden

    Trish joined Digby Brown in 1999. She is a graduate of the University of Edinburgh and qualified in 2000.

    Trish is an Associate within the Clinical Negligence Department in Edinburgh and is an accredited specialist in medical negligence law. She deals with a wide range of clinical and medical negligence claims in Scotland.

    She specialises in Court of Session litigation and is a member of the Association of Personal Injury Lawyers (APIL).

    In addition Trish has a wealth of experience in dealing with all types of personal injury cases, mainly within the Court of Session but also in the Sheriff Courts.

    14:55 - 15:10

    Questions and discussion

  • 15:10 - 15:30

    Refreshments and networking
  • 15:30 - 16:15

    Expert evidence in practice

    • Cross-examination of expert witnesses
    • Dealing with conflicting expert opinions: practical guidance
    • Case discussion

    Speaker
    Amber Galbraith, Compass Chambers

    16:15 - 16:45

    Panel discussion

    • Interactive session with all speakers, in which participants will have the opportunity to ask questions and/or discuss particular issues affecting their practice.

  • Speaker
    Robert Milligan QC, Compass Chambers

Prices

prices exclude VAT

Member:
£129.14
 
New member:
£116.67
 
Accredited Paralegal:
£116.67
 
Trainee:
£116.67
 
Unemployed member:
£104.17
 
Non-member:
£141.67
 

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