ABSTRACT

Doctors are often approached by solicitors on behalf of their clients and requested to provide a medical report for the purposes of legal proceedings. Once the patient has been examined and the medical report has been sent off to the instructing solicitor, it is up to the doctor to ensure that he is now prepared to honour his obligations towards the patient. A professional person may attend court as a witness in three capacities: an ordinary witness, professional witness and an expert witness. A doctor must try to bear in mind exactly what the person instructing him would like to have included in the report, and to remember to keep to his own area of knowledge and experience. A subpoena is used in civil cases, whereas a witness summons is the appropriate term for criminal cases. The most important aspect of giving evidence is ensuring that all the facts of the case are to the fore of the mind.