Since 2011, expert witnesses have lost their immunity to being sued, which means there's a risk of being sued . Must have dedicated indemnity insurance
And so I've been asked on a number of occasions in various different ways as to whether or not this is something to consider when it comes to accepting expert witness work. And I want to start off by really talking through some of the key tips and advice that have kept me away from any concerns regarding being sued as an expert witness.
First and foremost, is to stay within your area of expertise. So you must not stray away from your own area. That means when you're looking at a new instruction, that you are purposely ensuring that you are well within your area, and that you don't stray away. And if you do feel that is the case, during the course of the work, then, of course, mentioned that within your report so that there's no commentary, opinions, or conclusions being made outside of your own area. That's clearly where you can refer to other experts within the body of your report.
The other aspect is to remain totally independent. So if you feel there's a conflict of interest, with the potentially with the parties involved, that must be made clear the stock process. And of course, if you feel that there's uncertainty or something that's starting to feel uncomfortable within the report writing process, and you're not getting satisfactory answers from me, instructing parties, and do escalate it to the court and ask them for guidance, in particular, contentious issues, anything that gives you a sort of cause for concern, you're not alone, you're there to serve as the court. And if you feel that you need guidance from them, do feel free to ask them. And of course, you can apply these principles and ethics to your work, you will stay out of trouble. And of course, limit or eliminate the risk of being sued. So I hope that's helpful for you.
Dr Sandeep Senghera