Medicolegal documentation and expert evidence — branching viva

Opening (candidate)

I would separate the two situations, because they carry different duties. The independent expert report on the missed appendicitis is expert opinion: my overriding duty is to the court, I must work within my expertise and have no conflict of interest, and I would structure the report around the standard of care, causation and harm, each tied to the record and the evidence base. The subpoena about the femur-fracture child is witness-of-fact evidence: I would read the subpoena, contact medical indemnity, not alter any record, and prepare to give factual evidence from my notes about what I saw and did. ^{[7] [9]}