The College of Radiographers is seeking highly-experienced radiographers and sonographers to join its expert witness list and potentially support legal cases.
CoR holds a list of expert witnesses and sends requests to members on that list when new cases are shared by solicitors or agencies working on behalf of solicitors.
There is no requirement to take on a case if you do not wish to do so or if it is outside your scope of practice.
'Challenging, but fulfilling'
The CoR regularly receives requests from solicitors, seeking to contact members who are willing, trained and able to act as expert witnesses in medico-legal cases.
These cases usually concern a civil claim for negligence made by or on the behalf of a client.
Experts may also be requested to review documentation for fitness to practices cases, or other circumstances related to radiography and ultrasound practice – such as assisting the coroner during an inquest.
A spokesperson for the CoR said: “It is important for patients, the NHS and the profession that we have members who are able to offer an objective opinion on any particular case within their scope of practice.
“Being an expert witness is a challenging, but fulfilling role, during which you will develop many transferable skills which can be recorded within your CPD portfolio. It can also help towards evidencing your level of clinical practice and professional involvement for advanced or consultant level practice roles.”
Expert witnesses should have:
- Extensive clinical experience: A solicitor will look at the CVs and determine who is likely to be a credible ‘expert’ in the field.
- Specific expertise in an area of practice: An expert will be asked to comment on examinations performed by others, so must have a high level of expertise in that area.
- Current knowledge and skills in the area: Solicitors want to know that the expert has a good understanding and experience of relevant practice at the time of the case (can be historic in obstetric and paediatric cases). They also need an ability to assess what is within and outside their scope of practice.
- Ability to review documentation thoroughly and impartially: Experts will need to review documentation, evidence from national guidelines, protocols and literature to produce an impartial report, showing clear rationale for their statements. A minimum of a postgraduate diploma in the area of practice is usually expected, although higher degrees may be preferred by the instructing legal team.
- Ability to write and verbalise complex information in a clear and concise manner: An expert will be expected to speak to solicitors and possibly barristers, write a comprehensive report and may be required to defend their report in court or other formal situations under cross examination.
Expert witnesses work independently of the College and must ensure they have the appropriate skills, experience and knowledge to be able to comment on a specific case. They must also meet the requirements of the guidelines of the Academy of Medical Royal Colleges.
Guidance and support
Interested radiographers should also have professional indemnity insurance (PII) to cover their work as an expert witness – this is not covered by SoR secondary PII.
The CoR has published a comprehensive introductory guidance document which has information about the expert witness role. Find the guidance document, The role of the expert witness: A guide for clinical imaging and therapeutic practitioners, here.
CoR will also be holding an on-line training event on 7 October 2024, by invitation only, for those new to the role who have submitted an application and been provisionally accepted to join the expert witness list and existing experts.
The event is run by Bond Solon, with input from two experienced members on the expert witness list. Numbers are limited, as this will be an interactive webinar.
Members can submit their application to join the expert witness list here.
For additional information about the expert witness list or the role, please contact pande@sor.org.
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