The Advocates’ Society gathered an audience of health practitioners and legal representatives for a National Expert Witness Academy, a three-day certificate program (April 28-30, 2011) to discuss the importance and specifics of acting as medical expert witness in court.
The preliminary session preceding the conference was held in the morning of April 27, 2011 in an elegant setting of the Park Hyatt hotel in Toronto. Introductions by leading legal experts in the industry touched on various steps and stages involved in expert witnessing, from the process of hiring an expert to presenting evidence in court.
Presentations by Bryan Finlay Q.C. of WeirFoulds LLP, Laura B. Stewart of Gowling Lafleur Henderson LLP and Andrew C. Murray of Lerners LLP discussed the key responsibilities of experts, provincial rules of civil procedure, written evidence, and courtroom skills, as well as the relationship between the presentation of medical expertise in court and the outcomes of the case.
Mentioned were the common misconceptions involved in the expert witnessing process, such as the notion that medical professionals should act as a patient’s advocate.
Further attention was brought to the risks involved, especially to the practitioner’s reputation, and the significant amount of research and preparation involved in the expert witness process.
Among many other themes discussed were
• differences between civil and criminal courts, administrative tribunals, inquests and inquiries
• challenges of being cross-examined
• what judges and juries need from experts
• recommended protocols for preparing to give testimony
• tips on how to avoid misunderstandings
• staying within your area of expertise
• how to work effectively with lawyers
A workshop provided participants with a chance to play the part of the witness in a mock trial led by experienced lawyers.
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For more information please visit www.advocates.ca
