EWJ Dec 2023 - Journal - Page 40
threshold of exposure that is capable of causing
mesothelioma the deceased’s exposure could not
reasonably be disregarded as de minimis.
Concluding comments
1. This case is a good reminder that if your expert
evidence changes – the factual basis for that change
must be clearly set out in the report.
Mr Ray Ross
2. If photographs are going to be shown by an
occupational hygienist (which will often be very helpful), they should be indexed and exhibited to the
report.
Consultant Orthopaedic Surgeon - MB ChB, FRCS, MD
Mr Raymond Ross is a Consultant Orthopaedic Spinal Surgeon based in Greater
Manchester. He graduated in 1971 from St Andrews University. After house jobs in
3. Interestingly, it was found that the exposure was not
de minimis even though there was no direct comparison with exposure from other sources.
Dundee he spent five years on a short service commission in the Royal Air Force.
4. Causation was not formally in issue, however, the
case makes clear that breach and causation will be in
lockstep when only de minimis exposure can safely be
ignored.
special interest in the spine is in degenerative disorders. He has written extensively
5. The judgement seems to suggest (although there is
a lack of reasoning on the point) that any small but
measurable exposure will be sufficient to materially increase the risk such that a claim should succeed. In
Ness, 10-14 days of exposure in the mid 1960s for
what was assumed to be around 50% of the day was
sufficient to establish breach.
Mr Ross has a medico legal practice at, Suite 3 FA Marsland House Marsland
Four of those years were used to train in general surgery and orthopaedics with
A&E training throughout.
Mr Ross has an excellent knowledge of traumatology, paediatrics and spine. His
on disc replacement surgery and has participated on disc design teams. His writing
and teaching keeps him at the forefront of developments in his clinical arena.
Revalidated for Clinical work in 2019 he was appraised in May 2023. He reports
and advises on a spectrum of spinal conditions
Road, Sale M333AQ. The practise is fully adapted for disabled access which is
paramount for a practice where significant numbers of claimants are disabled.
He has a significant claimants’ practice of between 150 and 200 cases per annum,
with fewer defendant’s cases but would like to expand that part of the practice. He
also undertakes Medical Negligence cases, where he sees approximately 1 case a
month and has acted for both claimants and defendants.
Suite 3FA, Marsland House, Marsland Road, Sale, M33 3AQ
Tel: 0161 359 4940 - Mobile: 07860 293 493
Author
Cressida Mawdesley-Thomas, Barrister
www.asbestoslawblog.uk
Email: ersross@rmedleg.co.uk - Alternate Email: Rl.hughes@rmedleg.co.uk
Website: www.rossmedicolegal.co.uk
Mr Jaykar Panchmatia
MA (Cambridge) MPH (Harvard) MB BChir (Cambridge) FRCS (Trauma & Orthopaedics)
Consultant Orthopaedic & Spinal Surgeon
High confidence, high quality, high speed reports
MR SAMEER SINGH
Cambridge University | Harvard University | Fulbright Scholar |
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CONSULTANT ORTHOPAEDIC SURGEON
Mr Panchmatia is a Consultant Orthopaedic Spine Surgeon at Guy’s and St. Thomas’
MBBS, BSc, FRCS (Trauma and Orthopaedics)
Hospitals NHS Trust. He has presented internationally, and is published widely in
Specialist interests
orthopaedic and neurosurgical journals. His Spine Fellowship was at Johns Hopkins
All aspects of Trauma (soft tissue and bone injuries), Upper Limb Disorders,
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Website: www.orthopaedicexpertwitness.net & www.shoulderelbowhand.org
Tel: 020 3861 5495 or 020 3861 5496
Correspondence: 61 Church End, Biddenham, Bedford, MK40 4AS
EXPERT WITNESS JOURNAL
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Email: Medicolegal@smartspine.co.uk or jaykar@smartspine.co.uk
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DECEMBER 2023