Why choose dentistry-specific expert witness training?
Despite litigation being an increasing problem within both NHS and private dentistry and the fact that dental experts provide a crucial role in the process of resolving claims in dental clinical negligence, there is no formal training pathway to becoming an expert witness – nor is there currently any necessity for formal qualifications.
Furthermore, the training that has historically been available to dentists who wish to pursue a career in expert witness work has not actually been developed with dentists specifically in mind. Some courses provide training that has been developed to teach the concepts of civil law and report writing to people in virtually any line of professional work (e.g. engineers, architects, surveyors). Others are developed more specifically for healthcare professionals, although tend to be primarily aimed at GPs or hospital-based medics.
Whilst these courses will provide the opportunity to learn the essential components of what makes a good expert witness, they are likely to lack any opportunity to apply these concepts to realistic dental scenarios. This is a significant drawback – the best way to understand these unfamiliar legal ideas is to consider them in a context that we do find familiar. You could be told the definitions of breach of duty and causation on any course, but with no subsequent potential for – for example – the consideration of breach of duty in a situation where an inferior alveolar nerve block has caused a permanent lingual nerve injury? Or the establishment of causation from the restoration of a carious but vital tooth that subsequently required root canal treatment?
“Healthcare professionals who act as expert witnesses should undertake specific training for being an expert witness and the expectations and responsibilities of this role. It should incorporate the principles of this guidance and be appropriate to the individual clinical profession and speciality. Training should be kept up to date with appropriate refresher course or other activities.”
In addition, on these other broader training courses mentioned above, your cohort of fellow attendees may only contain of a very small number of dentists (and very likely none, other than yourself!) which will enormously restrict your ability to discuss ideas specific to dentistry during the course.
So much of what we take home from courses and actually use in day-to-day work comes not only from the prepared content, but also from the informal discussions between delegates and with the course leaders that take place in between and during the delivery of the course (or perhaps even at the bar afterwards). These relaxed conversations amongst friendly dental colleagues may well be your first attempts at considering a situation and applying the appropriate legal concepts, whilst the taught principles are still fresh in the mind. You will all be able to draw on and share your own personal experience of any complications or complaints during your own clinical career, as well as other interesting issues you may have heard about. If you are the only dentist on a course, this will simply not be a possibility.
Lastly, forming a group of new friends and supporting each other after the course has finished as you find your way through the beginning of a new career (alongside clinical work) is invaluable.
James Stafford