The longstanding principle that an expert witness is immune from being sued was overturned last week in the Supreme Court decision of Jones v Kaney. Having lost their immunity, experts are now exposed to the risk of being sued in respect of evidence given in court, says Medical Protection Society.

Director of Policy and Communication, Dr Stephanie Bown said: "Time will tell if the removal of expert witness immunity will lead to significant increase in claims against expert witnesses. MPS indemnity extends to expert witness work and we will be closely monitoring whether this ruling will open the floodgates in terms of court proceedings.

"As a matter of good practice expert witnesses should follow the relevant guidelines and rules, including the Civil Procedure Rules and the General Medical Council's guidance. Provided they follow these guidelines and standards, allegations of negligence can be rebutted.

Dr Bown added: "We would advise members involved in expert witness work to keep us fully informed about the type of professional work they are doing, so that they have access to the appropriate indemnity at all times."

Notes

1. the MPS factsheet on Giving Evidence in Court can be found here.

2. The judgement appears here.

Source:
Medical Protection Society