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Selecting the right expert, first time, is important, not only for reasons of cost and time, but it may well save having to “back-track” later.  As a barrister with experience as a general dentist, specialist dentist and expert witness myself, I can help.

In addition to general dental practice, there are a number of dental specialties registered by the General Dental Council. Some, but not all, registered specialists also have sufficient experience of general dental practice to enable them to provide expert evidence of both.

All registered dentists are entitled to style themselves “dentist”, “dental surgeon” or “dental practitioner”, and all are entitled to call themselves “Doctor”, as long as they ensure that the title is not used in a way which could mislead the public, for example by giving the impression that the dentist is a registered medical practitioner if they are not.

However, simply being expert at what they do doesn’t mean that a dentist will be the expert witness you need. Since it is very unusual indeed for a dental expert witness to actually have to give evidence in court in a clinical negligence or personal injury claim, many have never done so. An expert may have had extensive experience of providing reports for Low Value RTA claims but a clinical negligence claim is a different ball-game.   For a start, there is likely to be another expert opinion to contend with. Those experts who have had experience of providing expert evidence in regulatory matters are more likely to have had direct experience of cross examination, and with that often comes a revised and appropriately measured approach to expert witness work.

I have seen expert reports which could well leave that expert vulnerable to criticism of lack of independence, stepping outside their area of expertise and simply failing to comply with CPR 35 and the Practice Direction. I have even seen this when the report writer has undertaken training in report-writing.

As a dental barrister, I can help you identify the appropriate dental sub-specialty and assess the quality of an expert report at a draft stage, assisting with management of client expectations in the longer term.

Contact Heather Beckett

Instructing solicitors are warmly invited to contact Heather at Goldsmith Chambers:

h.beckett@goldsmithchambers.com

Phone:  0207 353 6802
E-mail: civilclerks@goldsmithchambers.com

As a dental barrister, with my particular skill-set, I am ideally placed to assist you.

You cannot expect a potential defendant in a negligence claim to make out your claim for you.  A Letter of Claim alleging multiple breaches of duty which have no bearing on causation will invite a robust denial from an experienced claims handler at one of the dental professional indemnity providers.

On the contrary, a well-crafted, targeted Letter of Claim will leave them in little doubt as to whether their client is vulnerable.

It is important to ensure that the correct set of standards is being applied to avoid wasting time, costs and the opportunity to invite an offer to settle a legitimate claim at the pre-action stage.

Early advice before sending the Letter of Claim and careful framing of allegations can therefore pay dividends.  That’s where a barrister who is also an experienced registered dentist and understands the necessary legal tests can help keep costs down.  Sometimes taking this approach will avoid having to instruct an expert witness formally and the whole case can be settled without having to issue proceedings.

I can also suggest the appropriate dental expert sub-specialty, point you in the direction of experienced experts and identify areas where additional records are required if the need arises.

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Instructing solicitors are warmly invited to contact Heather at Goldsmith Chambers:

h.beckett@goldsmithchambers.com

Telephone:  0207 353 6802
e-mail:  civilclerks@goldsmithchambers.com