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Removal of experts immunity

Published online by Cambridge University Press:  02 January 2018

Philip Steadman*
Affiliation:
Oxleas NHS Foundation Trust, UK, email: Phil.Steadman@oxleas.nhs.uk
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Abstract

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Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
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Copyright © Royal College of Psychiatrists, 2011

The papers by Thompson Reference Thompson1 and Rix Reference Rix2 provide useful information for anyone thinking of entering the field of medico-legal work. Anyone in this position will also want to be aware that earlier on this year, in Jones v. Kaney, 3 the Supreme Court decided by a majority of 5 to 2 to remove the immunity that expert witnesses have previously enjoyed. It is too early to say how this is going to affect such work.

I have provided independent reports for solicitors for some years and I think that I have learnt as much from this clinically as anything else I have done. Now more than ever, though, I think it is essential that anyone carrying out such work obtains proper training, carries adequate insurance and pays attention to specific CPD for this, including joining a CPD peer group that can monitor this work and provide helpful support.

Medico-legal work is interesting and challenging, but it does require sound foundations.

References

1 Thompson, AE. ‘You are instructed to prepare a report…’: How to make sound decisions about whether to accept or decline medico-legal work. Psychiatrist 2011; 35: 269–72.Google Scholar
2 Rix, KJB. Medico-legal work of psychiatrists: direction, not drift. Commentary on … ‘You are instructed to prepare a report’. Psychiatrist 2011; 35: 272–4.Google Scholar
3 Jones v. Kaney [2011] UKSC 13.Google Scholar
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