Law note: giving evidence in court.

Abstract

For most doctors, courts are unfamiliar territory. They’re inhabited by lawyers with strange ways of working, and judges who can derail careers. GPs get involved in a range of hearings from time to time, including inquests into patients’ deaths, clinical negligence cases, patients’ criminal cases, and employment tribunals. Here’s what I tell doctors who have to go to court. First, find out what the case is about, and why you’re being asked to give evidence. Are you being criticised? At many inquests, there’s no suggestion that anyone’s done anything wrong; at others, the coroner or deceased person’s family may have tough questions for you. This is always a good idea and, if there’s any possibility that you’ll be criticised, you really must give them a ring. Discuss whether you need legal representation. The GMC publishes helpful guidance called Acting as a witness in legal proceedings .1 Read it. These are often stressful situations. If something’s gone wrong, most of us beat ourselves up about it, whether or not we’re to blame. But you need to be firing on all cylinders when you stand up in court. We all make mistakes. If it’s an inquest and your conduct may be called into question, you’re meant to tell the NHS Performers’ List people within 7 days2,3 — not a well-known requirement. Do your homework. Study the relevant medical records. Discuss the case with colleagues whom you trust to tell you uncomfortable things kindly. Make sure your medical knowledge is up to date in …