GENERAL ADVICE – FEBRUARY 2019
Staying Calm Under Enemy Fire
Whilst Orthopaedic Surgeons are usually comfortable within the operating theatre environment, that same equilibrium does not extend to the Court room. Delivering evidence in chief is usually straightforward. The cross-examination phase however can be quite prickly.
When engaging your Orthopaedic Surgeon, it is sometimes wise to provide him or her with some pre-Court attendance advice.
The expert witness is there to assist the Court, not the plaintiff or the defendant. Whilst Counsel will direct the questioning, the responses from the expert should be directed at the Bench. Argument, obfuscation, irritability and intransigence are undesirable qualities that are sometimes recognised in experts.
Whilst we are all human, foibles, prejudices and egocentric behaviours should be avoided.