Dr David Evans said:-
>Thank you for clarifying the issue, but what exactly is >the difference
>between fact and opinion? I can see that the dates of a >pt's visit are
>straightforwardly fact, but what about the diagnosis >you made when you
>saw them, as recorded in the notes?
It is a fact that you made that diagnosis and it is recorded in the notes.
That is what you can give evidence of as a witness of fact. To be asked the
question as to whether you think that diagnosis is still correct, is open
to dispute, or what is the current prognosis (other than such as may have
already been recorded in the notes) would make you an expert witness giving
opinion and, for that, you should not venture a response except on being
instructed on that basis.
It is not just a question of the fee. If you are to give an opinion you want
to make sure you have the fullest opportunity to gather in the "clues" by
which to reach that opinion. That would mean reviewing the notes in detail
to remind yourself of the matter, re-examining the patient, asking further
questions, possibly conducting further tests and reviewing published
literature.
Asking for an opinion is to ask for it as of today, whereas as a witness of
fact you are merely stating what was your opinion at that time.
Does this help?
Graham
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Graham Ross
Solicitor
Ross & Co
Liverpool, UK
+44 (0)151 284 8585
+44 (0)151 236 6035-fax
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