Blog

by Lisa Nabou, Consultant Solicitor at BMA Law

I have received various requests recently to help a range of doctors prepare for inquests. Their statements have been filed already and they contact BMA Law looking for additional support in the weeks (sometimes days) before the inquest takes place. They feel anxious and overwhelmed, they worry over the “what ifs” and all seem to want reassurance on how things might work out for them. Reassurance looks like different things to different people sometimes based on their previous experience/s of giving evidence. Whatever the case details are, my role is to provide that reassurance and guidance, never to tell a witness what to say when giving evidence.

I set out below my “top tips” for doctors giving evidence at an inquest hearing. If you have experienced this yourself, please do message me so that I can share a second article of top tips from BMA doctors in giving evidence.

Preparation

The key to how well you do in the witness box mainly comes down to your preparation; often that stems from the quality and content of your statement but also how well you know the records. Read the Coroner’s bundle before, read your statement and read the expert report if there is one. You will have the bundle in the witness box so it is not a memory test but know your way around the bundle. Think about some questions that you might be asked. Put yourself in the shoes of the family or Coroner- what issues might be their focus. It might be something in your statement but, in my experience of representing clients at inquests, some questions arise from something that is not in a statement.

Assist

The starting point is that your role as a witness is to assist the Coroner and it is absolutely essential that you only provide evidence on matters that fall within your knowledge and expertise. In the same way that expert witnesses must never stray outside their area of expertise, neither should a factual witness. Avoid speculating. We often say ‘never avoid a question’ and that is a good mantra but please be extremely careful answering a question if it is not within your knowledge (say if it relates to your colleague’s treatment and/or you were not present) or expertise.

If you do not understand the question, please ask for it to rephrased or asked in a different way. If you ask this in the right tone, it doesn’t appear obstructive. If you are asked a specific question about the records or observations, please ask to be taken to the page in the bundle, never answer from memory, especially when feeling under pressure.

Explain

The Coroner may be medically trained (some are, some are not) but may not have encountered this particular complication, illness or situation before. Your role as a witness is to simplify matters, to explain difficult medical terms and procedures. The family will be grief stricken and listening to your every word – they don’t want to hear abbreviations that make no sense to them and medical jargon. Keep your language and explanations simple.

Tell the truth

The guiding principle is to tell the truth no matter what. Be objective and remember your role is not to “win” or persuade anyone of anything – you are there to tell the truth and assist the Coroner.

Never argue

Sometimes when facing difficult or hostile cross examination from highly skilled barristers or distraught family members, some witnesses might feel rattled. I have seen some witnesses shout at the barrister asking them difficult questions, they lose their composure. This is always advised against. Similarly in very sad cases, I have seen professional witnesses cry. We are all human, we all feel emotion. The trick when giving evidence is to recognise this, pause… regain your composure and carry on.

Always answer the question

This might sound easy but it is actually quite hard sometimes when lots of questions are grouped together and you feel under pressure to cover them all in one answer. Don’t ! Ask for the questions to be broken down and take it step by step. If you are interrupted and you haven’t quite finished, ask (in the right tone) to finish that. Always answer the question you are asked, not the question you want to be asked.

Delivery

Before you start your evidence you will need to verify your professional details and most doctors always forget their professional address /post code, know it as you don’t want to stumble. You will be asked to give a promise to the Court that your evidence is truthful and that is known as an oath (religious promise) or affirmation (non religious). The wording will be provided so don’t worry about memorising it. Deliver it in a loud (but not too loud) manner.

When listening to the question/s, look at the person asking the question. Pause. When giving your answer look to the Coroner. If there is a jury, look to the jury too. Watch the pen if the Coroner is taking a note, are they keeping up with you, if not slow it down Take your time and don’t gallop through. I know you want it to be over (and it will be soon) and your heart may be racing very fast but slow things down, deep breath and try your best to keep calm. Just as monitoring your tone is important, so is your body language and empathy. Be confident when giving your evidence but never arrogant.

Mistakes

If you make a mistake when giving evidence and spot the mistake, explain/own the mistake, apologise and move on. Don’t let that distract you from the rest of the evidence. If you do plan to say sorry for some omissions in your treatment, think about the wording before and, as key to the preparation/planning, always discuss this with your advisor/representative beforehand – never let that surprise them (or you!)

I hope that these tips help? Please email me and let me know if any resonate with you or whether a lunchtime training session on this might help. Remember to get in touch with me if you have any of your own “top tips” so that we can prepare a separate BMA doctors feedback article in the coming few weeks.

Contact Lisa today.