Pringle R G
Burnell House, 82 Berwick Road, Shrewsbury SY1 2NF, UK.
J R Soc Med. 2003 Sep;96(9):454-7. doi: 10.1177/014107680309600910.
In the English civil justice system, experts involved in a case are now commonly required to confer before the hearing and identify the areas of agreement and disagreement. A prospective study of 50 consecutive medicolegal conferences of experts was undertaken, with a view to defining their benefits, weaknesses and the optimum conference format. A record was kept of the dates of first instruction, court deadlines, and date, time and duration of conferences, together with related calls and correspondence. The manner of preparation of the statement was noted, the level of agreement/disagreement, any compromise, any later modifications of the draft, and the author's fees. Subsequently the instructing solicitors were asked to comment on the suitability of the joint statement and its contribution to settlement. Medicolegal conferencing is time-consuming and expensive. It may be of limited value where there is little or no difference of opinion, either between experts in a single field or between experts in different fields. The instructing solicitors must ensure that the participants receive, in advance of the conference, copies of all relevant documents including medical reports and medical records. An agenda is helpful in ensuring that matters of importance are not overlooked. Conferences are more effective when held in person than when conducted by telephone. The joint statement is best dictated in the presence of all participants during or after the conference. To ensure the most efficient and economical use of consultant time a formal combined audit of conferencing should be undertaken by the medical and legal professions.
在英国民事司法系统中,如今通常要求参与案件的专家在听证会前进行协商,确定达成一致和存在分歧的领域。对连续50次专家法医学会议进行了一项前瞻性研究,旨在明确其益处、缺点及最佳会议形式。记录了首次受委托日期、法庭期限、会议日期、时间和时长,以及相关的电话和通信情况。记录了陈述的准备方式、一致/分歧程度、任何妥协、草案随后的修改情况以及作者费用。随后,要求委托律师对联合声明的适用性及其对和解的贡献发表评论。法医学会议既耗时又昂贵。在单一领域的专家之间或不同领域的专家之间意见很少或没有分歧的情况下,其价值可能有限。委托律师必须确保参会人员在会议前收到所有相关文件的副本,包括医学报告和病历。议程有助于确保重要事项不被忽视。会议亲自举行比通过电话进行更有效。联合声明最好在会议期间或会议结束后所有参会人员在场时进行口述。为确保最有效地利用顾问时间,医学和法律专业应进行正式的联合会议审计。