New professional guidance for doctors clarifies the crucial role of medical expert witnesses in the justice system

Tomorrow the General Medical Council (GMC) will produce new guidance for doctors, entitled ‘Acting as an expert witness’. As well as being a source of guidance for doctors, we hope that it will help to explain the boundaries within which medical experts operate for the legal profession.

Society needs doctors to act as expert witnesses – they are essential to our judicial and tribunal systems, and to help resolve disputes that require specialist medical knowledge. The role of an expert witness is to assist the court on specialist or technical matters within their expertise. In recent years, however, there have been a number of high-profile cases where medical expert witnesses have attracted criticism, for example for giving evidence that was misleading, or failing to disclose relevant information. These cases also raised issues on the scope and nature of the responsibilities of such a witness.

In light of this debate, and the recommendations from the Chief Medical Officer in his report Bearing Good Witness, the GMC recognised the need to clarify its guidance. ‘Acting as an expert witness’ has been developed after extensive consultation with the medical and legal professions to help doctors fulfil this important role.

Our duty as a regulator is to protect patients by ensuring doctors practise properly. Where it becomes clear that the public or the profession is unsure of the exact role doctors should play, we act accordingly in consulting on the problem and issuing guidance.

It is important that doctors who take on the role of a medical expert can do so with confidence, knowing what is expected of them. No doctor wants to be reported to the GMC owing to a misunderstanding of their role. The courts need doctors who are confident in their abilities and expertise – and, most importantly, in recognising the limits of their expertise.

When doctors act as expert witnesses, they take on a different role from that of a doctor providing treatment or advice to patients, but they remain bound by the principles of good practice laid down by the GMC. ‘Acting as an expert witness’ expands on these principles to clarify how they would apply when giving expert evidence in court or tribunal cases.

Expert witnesses, if registered, are accountable to us for the work they carry out, as well as to the judicial system. Just because they are working outside a clinical setting, doctors must not assume that their actions are somehow beyond the boundaries of their professional responsibilities.

In particular, the guidance emphasises that medical expert witnesses must:

  • Be clear about what they are being asked to do, by seeking clarification from those instructing them if necessary. If they are unable to obtain sufficient clarity, they should not offer an expert opinion or advice;
  • Recognise their overriding duty to the court and to the administration of justice;
  • Give opinion and evidence within the limits of their professional competence;
  • Keep up to date in their specialist area of practice;
  • Explain where there is a range of views on a particular question; and
  • Take appropriate action when they change their opinion.

In helping to address concerns about professional integrity and public trust, this guidance should be seen in the context of the GMC’s wider role to protect patients and the public.

When doctors act as expert witnesses, they are speaking from a position of authority. It is essential that their actions continue to justify the trust which the public, and the legal profession, places in them.

Professor Sir Graeme Catto is president of the General Medical Council