BMJ  2004;329:1353 (4 December), doi:10.1136/bmj.329.7478.1353

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PERSONAL VIEW

The negligence of medical experts

The first 150 words of the full text of this article appear below.

I have just participated in a medicolegal exchange whose outcome was thoroughly unsatisfactory. The questions of negligence and causation were not publicly debated, and the decision was not based on evidence but reflected emotional issues and everyone's desire to stay out of court.

Medical negligence absorbs victims—patients and doctors—and disgorges them years later, often damaged and disgruntled, while its functionaries benefit. Despite the move towards closer regulation of clinical practice, medical negligence remains firmly in the dark ages that existed before the Kennedy report and the Bristol debacle. It is mostly secretive, unaccountable, and unregulated by audit governance or revalidation. Scant interest has been shown in it by our governing bodies, the royal colleges, the General Medical Council, or organisations involved in patients' safety.

The central players are the expert witnesses. The public assumes that they are in the forefront of their specialty, giving up to date, balanced opinions that . . . [Full text of this article]

M C Bishop, consultant urological surgeon

Nottingham tguyler@ncht.trent.nhs.uk


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This article has been cited by other articles:

  • Wise, M E J. (2006). Where expert witnesses fear to tread.. BMJ 332: 500-501 [Full text]  

Rapid Responses:

Read all Rapid Responses

Medical apathy preserves dysfunctional legal aid system
Anthony C Barton
bmj.com, 6 Dec 2004 [Full text]
Controlling the quality of expert testimony
Elliott Foucar
bmj.com, 6 Dec 2004 [Full text]
Experts & Quality Control
M E Jan Wise
bmj.com, 6 Dec 2004 [Full text]
Outing the Unethical Expert
Louise B Andrew MD JD
bmj.com, 7 Dec 2004 [Full text]
Its not all the fault of the experts
David Gill, et al.
bmj.com, 8 Dec 2004 [Full text]
Guidelines for Expert Witnesses
John Vinen
bmj.com, 8 Dec 2004 [Full text]
The system is dangerous, incompetent, corrupt and inequitable
Steven Ford
bmj.com, 22 Dec 2004 [Full text]
Re: Experts & Quality Control
William G. Pickering
bmj.com, 10 Dec 2004 [Full text]
Understanding what is required from Expert Witnesses
Roy Gary Beran
bmj.com, 16 Dec 2004 [Full text]
Registration of forensic medical practitioners
Alan RC Kershaw
bmj.com, 22 Dec 2004 [Full text]
Re: Registration of forensic medical practitioners
John Stone
bmj.com, 22 Dec 2004 [Full text]
Writing Medicolegal Reports.
Frank A. Frizelle
bmj.com, 28 Dec 2004 [Full text]
Re: Re: Registration of forensic medical practitioners
John Stone
bmj.com, 29 Dec 2004 [Full text]
Re: Registration of forensic medical practitioners: "Why disqualify the one who knows?"
John Stone
bmj.com, 31 Dec 2004 [Full text]
radical changes needed for experts
Arthur E van Langenberg
bmj.com, 7 Jan 2005 [Full text]
Medical Expert Witness
Raymund Carroll, et al.
bmj.com, 20 Jan 2005 [Full text]



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