Adapting to concurrent expert evidence in medical litigation

Cockburn, Tina & Madden, Bill (2015) Adapting to concurrent expert evidence in medical litigation. Journal of Law and Medicine, 22(3), pp. 610-631.

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Abstract

In medical negligence litigation expert evidence has long played a dominant role. The trend towards the use of concurrent expert evidence is now well underway. However, for the lawyers and the doctors involved, the pathway is not yet familiar. Disputes have frequently arisen in the context of pre-hearing expert conclaves, given the adversarial nature of litigation and perhaps fuelled by fears of a less transparent process at this increasingly important stage. This article explains the concurrent expert evidence framework and examines areas of common dispute both in the conclaves and at trial, with a view to providing assistance to legal practitioners working in this area and the medical practitioners called upon to provide expert evidence in such litigation.

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ID Code: 85026
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: medical negligence, evidence, expert evidence, procedural law, concurrent evidence, hot tubs, expert conclaves
ISSN: 1320-159X
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Copyright Owner: Copyright 2015 Thomson Reuters
Deposited On: 28 Jun 2015 23:52
Last Modified: 04 Jul 2015 21:07

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