Frequently Asked Questions
What are your qualifications?
I have a diverse background, having trained initially in the hospital system in 1975, then completed specialised training in perioperative nursing and worked in both paediatric and adult operating theatres. I have worked in maternity units, all critical care areas such as intensive care, high dependency, coronary care, emergency, neonatal intensive care, general medical/surgical wards and aged care. I hold a Graduate Certificate in Adult Education, a Master of Health Law and was awarded my PhD at Flinders University in South Australia. I have presented research papers in Berlin, Frankfurt, Milan, Slovenia and Cardiff.
Do you work for the plaintiff or defendant?
I provide reports for either side, regardless of who the lawyer is acting for. My role is to review the documents provided and report on the facts of the case. I provide an unbiased expert opinion for the courts to assist in the understanding of the complexities of the case. Occasionally I have been asked to provide a joint expert opinion.
What will be the focus of your report?
The focus of my expert report is to thoroughly read the documents provided for review and respond to the letter of instruction from the lawyer and identify, through research and acquired knowledge:
- Significant departures from accepted professional standards of a health practitioner, or health facility; guided by the governing Code of Ethics; Code of Professional Conduct; Competency Standards and relevant Department of Health Policies and local policy and procedure manuals.
- Failures of the nursing staff to provide a level of care that at the time the incident occurred, was widely accepted in Australia by peer professional opinion as competent professional practice.
- Failure of the hospital or facility to provide a safe environment for its staff, patients or visitors.
Do you require a letter of instruction?
Yes I do require a letter of instruction from the lawyer either setting out specific questions to be addressed, or simply requesting that I address any issues I consider relevant on review of the documents.
Do you require a copy of the relevant State’s Expert Witness code of conduct?
Yes, I must be provided with the relevant State’s ‘Expert Witness Code of Conduct’ and my report must have reference to the fact that I have read and agree to be bound by it. The absence of written acknowledgement to accompany the report may mean the report will be inadmissible for legal purposes.
Do you provide the opportunity for a conference prior to preparing a comprehensive report?
Yes, I find a conference in chambers with barristers and lawyers is extremely beneficial. These meetings offer an opportunity to review the documents, request further information or records and identify important issues that may reveal discrepancies between the various documents.
Are you often required to appear in court proceeding?
I have only been called to appear in court to give evidence in five instances out of hundreds of cases in 16 years. Of those, only one has proceeded to the Supreme Court of NSW. In this matter I was required to provide concurrent evidence following a conclave of experts. Most cases that I have been asked to provide opinions on have never reached the court system as they have settled at mediation. I have given evidence in several inquests.
Do you offer a teleconference to discuss the matter briefly?
Yes a teleconference helps to raise questions which clarifies the relevant documents required for review. This also assists in identifying appropriate questions to be addressed or how other professional opinions, such as medical or allied health professionals may assist the matter. These discussion sometimes help discover that a report is no longer required.
Should the lawyer send only the documents they think pertain to the days surrounding the current matter?
It is preferable to send all documents electronically pertaining to the case as there may be significant details that impact on the matter, such as trends in vital signs or pathology reports, I have the ability to compare and identify the relevance of each document.
Do you attend conclaves with the defendant’s expert witness?
Yes I have been involved in conclaves. I find this very beneficial and a recent matter proceeded to providing concurrent evidence in the Supreme Court of NSW.
How should the documents be prepared for the expert?
Please maintain documents in chronological order and paginate. This continuity ensures nothing is missed. Paginating the documents allows for easy reference between all parties. It is preferable to send the brief of documents via a secure e-mail link or Dropbox.
What are the fees?
A schedule of fees will be sent on request. An invoice will be sent once retained by the lawyer and pre-payment would be appreciated. The fees may include telephone consultation, meeting in chambers, research and comprehensive written expert opinion.
Can you assist in deciphering information and organising the specific issues in the case?
Absolutely. With 40 years experience in clinical nursing and nursing/medical education, I have a wealth of knowledge to assist you in understanding the specific issues of your case.
How long does it take to review and provide a report on a case?