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Medico-Legal Committee

October 2008

Constitution:
Three members appointed by Council and one representative each of the Central Consultants and Specialists Committee, General Practitioners Committee, Medical Ethics Committee, Junior Doctors Committee, Staff and Associate Specialists Committe, Public Health Medicine Committee and Professional Fees Committee with the power to co-opt.

Terms of reference:
To consider and report on medico-legal issues of direct concern to the profession, including those referred to the committee by BMA Council, the Political Board, other BMA committees and external bodies.

The current Chairman is Dr Jan Wise, a consultant psychiatrist from London (subject to re-election in the 2008/09 session).

Membership of the Committee
Appointed by Council (subject to re-election in the 2009/10 session):
Rob Barnett
Peter Holden
Jan Wise

Appointed by committees (subject to re-election in the 2009/10 session):
Helen Grote – Junior Doctors Committee (JDC)
Paul Flynn – Central Consultants Specialist Committee
Dean Marshall - General Practitioners Committee (GPC)
Surendra Kumar - Medical Ethics Committee (MEC)
Ashok Pathak - Staff and Associate Specialists Committee (SASC)
Steven Watkins - Public Health Medicine Committee (PHMC)
Derek Machin - Professional Fees Committee (PFC)

*Co-options to the committee:
Prof Kevin Dalton, Consultant Obstetrician and Gynaecologist, Addenbrooke’s Hospital
Dr Lyn Griffiths, Medico-Legal Adviser (London), Medical Protection Society (MPS) - (replaced Dr Mark Dudley)
Dr Glynis Parker, Senior Medical Claims Handler, Medical Defence Union (MDU)
Dr Jim Rodger, Head of Medical Advisory Services, Medical & Dental Defence Union of Scotland (MDDUS)
Ms Helen Vernon, Technical Claims Manager, NHS Litigation Authority

* Non-voting

Date of next meeting: 19 November 2008.

Work of the Committee:

Fees and expert witness guidance
The MLC is currently drafting guidance on the practical issues of being an expert witness and running a medico-legal practice. Topics for inclusion in the guidance include: report writing, court room skills and setting up a practice.

Draft letter from expert witness to instructing solicitors and agencies setting out terms and conditions of appointment
The MLC has drawn up a draft letter and accompanying notes to help doctors acting as expert witnesses. The letter sets out the terms and conditions of appointment from an expert to instructing solicitors and agencies e.g. the instructing solicitor’s obligation to provide adequate instructions and all relevant notes, records and investigations, as well as late payment terms.

The documents form part of a package of the fees and expert witness guidance currently being produced by the BMA MLC. The documents are intended to be a guide only, to assist experts in considering the most relevant matters.

BMA Expert Witness Conference
As part of a rolling programme, the MLC have organised two conferences for expert witnesses in the 2008/2009 session. The first conference ‘Essential knowledge for the medico-legal expert: a practical approach’ was held on Thursday 16 October 2008 at BMA House. The conference covered the essentials for doctors who have recently embarked on a career in medico-legal practice or are considering acting as an expert witness. Presentations were received from a number of experienced speakers from the medico-legal profession offering practical advice on themes such as introducing the industry, managing practices effectively, report writing, courtroom skills and dealing with professional fees and VAT. Speakers included Mr John Carvell, Emeritus Consultant Spinal and Orthopaedic Surgeon, Ms Kate Hill, Managing Director and Senior Trainer InPractice Training, Mr Martin Gargan, Consultant Orthopaedic Surgeon, Mr Richard Rawlins, MLC member and expert witness and Dr Jan Wise, Chairman of the BMA’s Medico-Legal Committee.

The second conference planned for the 30 April 2009 will be aimed at the more experienced medico-legal practitioner. Further details will be available shortly.

For further information and queries, please contact Rachel Craine, Council Secretariat, on 020 7383 6611 or e-mail rcraine@bma.org.uk