2007 Medical Law Forum    

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The 2007 Slater & Gordon Medical Law Forum was held on Tuesday 5 June 2007 at the Macquarie Graduate School of Management rooms, Sydney. This year the Forum theme was Expert Evidence – Formats & Failures. The discussion focused on:

• new formats for expert evidence including concurrent experts and single experts
• the potential for accreditation of expert witnesses
• potential remedies for expert evidence failures such as disciplinary action.

Slater & Gordon is most grateful for the generous contribution of the speakers including Dr Robert Lyneham (RANZCOG), Dr Martin Nothling (AMA), Dr Megan Keaney (United Medical Protection), Dr Matthew Groves (Monash University) and Mr Anthony Johnson (NSW Medical Board).

If interested in background material on this topic, you may wish to view:

• Review of the Law of Negligence Report 2002 comments on expert evidence, in the Professional Negligence chapter. Paragraph 3.71 ff & recommendation 8.
• The NSW Law Reform Commission Report 109, ‘Expert witnesses’ 2005
• The NSW Uniform Civil Procedure Rules, regarding expert evidence, Part 31
• Halvorsen v Dobler – the first ‘concurrent evidence’ medical judgment
• RANZCOG Expert Witness register
• AMA Expert Witness policy
• Cabassi v Villa – High Court authority on expert witness immunity
• Mustac v Medical Board WA – an early Australian disciplinary matter regarding expert evidence
• General Medical Council v Meadow – English Court of Appeal authority on disciplinary action against an expert witness
• R v Parenzee – a recent decision regarding controversial expert evidence

Comments by the Coroner (Western Australia) in the record of investigation into the death of R A Rasmussen, dated 8 June 2007, are also of relevance.

For enquiries, email kateyoung@slatergordon.com.au

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