"Witness statements must be extremely thorough and address all of the allegations made. It is also essential that the medical experts are clear in what they have asked the claimant, and in particular in cases of chronic pain that they have established the range of function on good and bad days. In our case, all of the experts instructed by the claimant's previous solicitors and by the defendant had failed to do this, taking a more general approach. When instructing experts this should be specifically requested; a client should be aware that they should make it clear where there is a range in their ability to carry out activities of daily function."
Writing in Action against Medical Accidents (AvMA) Lawyers Service Newsletter, consultant solicitor Bernadette McGhie and partner Grant Incles reflect on the recently introduced fundamental dishonesty defence - using their recent case: Karen Preater v Betsi Cadwaladr University Health Board as a study, and highlighting the importance of carrying out extensive due diligence when preparing clients facing accusations of fundamental dishonesty.
The full article is available to AvMA members online.
Bernadette McGhie is a consultant solicitor in the personal injury and clinical negligence team and leads the brain injury team. Bernadette has a varied caseload of wholly clinical negligence cases but her main area of expertise is in brain injuries including CP cases, meningitis and encephalitis as well as injury caused by medication in pregnancy. Bernadette's nursing background greatly informs her legal practice and helps her to see both sides of any dispute.
Grant Incles is a partner in the personal injury and clinical negligence team. Grant is a specialist in life-changing and fatal injury cases, with wide experience across road traffic collisions, employers and public liability, criminal injuries and clinical negligence.