Do I need special/specific indemnity insurance for my expert witness work?
Most insurers will cover this work but psychologists should check their policy.
Some psychologists may have some insurance cover through their workplace, but may need personal indemnity insurance to cover their expert witness work.
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Can trainee psychologists give expert witness evidence?
Generally this would not be recommended in court settings because trainees are unlikely to have reached the recommended levels of clinical knowledge, training and experience.
However, trainees may be called to give evidence relating to a report or assessment they have conducted and be asked to comment on aspects of this work.
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What’s the difference between a routine assessment report and an expert witness report for the court?
The assessment and formulation methods may be very similar in both situations.
An expert witness report would specifically and concisely answer the key instruction points from the solicitor of diagnosis, attribution, causation and prognosis.
A routine report would be more board and holistic covering all aspects of a person.
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Do I need a certain amount of experience as an expert witness?
Guidance produced by the Academy of Royal Colleges says:
- To act as an expert witness, the healthcare professional should have the necessary clinical knowledge, training and experience. This can vary between each role in terms of role, qualification or length of experience. Individual professional bodies may choose to offer further guidance. However, the Court will need to be satisfied that the professional has enough experience for their evidence to be accepted
- Healthcare professionals who act as expert witnesses should carry out specific training for being an expert witness and the expectations and responsibilities of this role. It should include the principles of this guidance and be appropriate to the individual clinical profession and specialty. Training should be kept up to date with refresher courses or other activities
- Healthcare professionals must carry out and show appropriate activity relevant to their clinical expertise and legal aspects of the expert witness role as part of their continuing professional development (CPD). This should form a part of their annual appraisal.
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