ISSUE 53 Expert Witness Journal - Journal - Page 22
instructed in a claim which is allocated to the
intermediate track will be limited to producing a report which is no more than 20 pages. This is of concern to some experts in terms of potentially
compromising the quality of their expert evidence.
require extensive data analysis. However, to realise
these benefits requires users to think critically about
how to use AI safely, ethically and effectively. Experts
should consider:
Although the 20 page rule does not apply to the fast
track or to cases valued over £100,000, this may
change in the future. We welcome an appropriate
limit on report length, because in our experience too
many expert reports contain long chronological summaries of medical records and insufficient analysis and
professional opinion. There is existing case law guidance to that effect, which is not followed enough and
has necessitated a formal rule change to streamline the
process.
l That they will undoubtedly be placed under greater
scrutiny as data becomes more freely available,
allowing for patterns and trends to be identified; and
l The need for vigilance;
l Training in and understanding of the technology
and AI relevant to their area of expertise.
Comment
Whilst the expert supply chain is challenging, some
problems stem from inflexible dependence on traditional providers and methods of working. There are
good opportunities for expert innovations and efficiencies if practitioners are prepared to experiment
for longer-term gains, including by insisting on
shorter-form and more focused reporting, by defendants instructing experts with a historic claimant
weighting (and vice versa), and by proposing SJE in
appropriate cases.
An increasingly artificial intelligence driven world
As technology advances, the use of artificial intelligence (AI) in the legal system is making vast strides.
In the UK, Lord Justice Birss said he used ChatGPT
to summarise an area of law and assist with part of his
judgment. However, he noted that this exercise was
well within his own area of expertise, such that he
could assess the information ChatGPT generated and
identify potential inaccuracies.
Link to our original article:
https://kennedyslaw.com/en/thought-leadership/article/2023/the-expert-witness-market-changing-times/ .
AI also presents opportunities to support experts in
their medico-legal practice. The ability of AI to process substantial amounts of information quickly and
accurately makes it an attractive tool for tasks which
Mr Dawson is a Consultant Urologist with over 26 years’ experience.
He has formal training in personal injury and medical negligence reporting
and completed the Bond Solon Expert Witness Course in 2006. In 2008
he completed a Diploma in Law at the College of Law in Birmingham.
Mr Dawson has over 19 years of medico legal report writing and expert
witness work and has completed over 1670 reports, He has completed
numerous Fitness to Practise reports for the General Medical Council.
He is the author of the ABC of Urology, now in its 3rd edition, and also co-edited the Evidence
for Urology which won first prize in the urology section of the BMA Medical Book Competition
in 2005.
Mr Dawson is happy to accept instructions for personal injury, clinical negligence and condition
and prognosis reports.
M: 07711 584939
E: expertwitness@chrisdawson.org.uk
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