Expert witnesses are likely to lose their protection against negligenceBMJ 2010; 340 doi: https://doi.org/10.1136/bmj.c582 (Published 01 February 2010) Cite this as: BMJ 2010;340:c582
- Clare Dyer
Expert witnesses are likely to lose their immunity from being sued for damages over anything they do or say in a court case, after a high court judge referred the issue to the United Kingdom’s supreme court.
Mr Justice Blake ruled that he was obliged by a 1998 appeal court judgment upholding witness immunity to strike out a negligence claim against a consultant clinical psychologist who acted as an expert in a road accident case.
But he was satisfied that the case raised a point of law of general public importance and granted a certificate that it was suitable for an appeal to the UK’s highest court. “I conclude that …