How to be a witness in court

Abstract

Doctors, and paediatricians in particular, may be asked to attend Court on many occasions throughout their careers. Sometimes this will be to give evidence about treatment afforded for a patient’s illness or injuries seen and noted. In such circumstances, the doctor is usually considered to be a witness of fact, albeit a professional witness. Frequently, however, the paediatrician will then be asked to provide an opinion to the Court, based on his findings of the patient’s condition. This frequently occurs in cases of possible non-accidental injury (NAI) where the paediatrician gives evidence of injuries observed and then an opinion based on those injuries about possible causes. In such circumstances, the paediatrician may then not only be a professional witness of fact but, in giving an opinion about matters which are beyond the general understanding of the Court, the paediatrician then becomes more of an expert witness. ’ This article attempts to provide guidance to the paediatrician in acting as a witness, whether professional or expert. Many of the matters raised will apply equally to the paediatrician in either capacity.