Expert witnesses - why you still need insurance

Since the High Court delivered its judgment in the case of Meadow v GMC, there has been some uncertainty as to whether experts are now immune from suit. 

This has led to some expert witnesses querying whether they need professional indemnity (PI) insurance to protect them against the risk of negligence claims.

For the reasons set out below, my advice is always to ensure you have adequate PI cover, because Meadow is not the total defence some experts consider it to be.

As you may recall, the case against Dr Meadow arose out of the expert evidence he gave when Sally Clark was prosecuted for the alleged wrongful killing of her two children.  Based on Dr Meadow’s evidence, Ms Clark was convicted of murder. 

She spent almost three years in prison before new evidence came to light, on the basis of which she successfully appealed against her conviction.  After her release, her father lodged a complaint about Dr Meadow with the GMC, who reviewed his conduct and concluded that he should be struck off the register of experts capable of giving evidence in child protection cases. 

Dr Meadow in turn appealed that decision and that both the High Court and the Court of Appeal concluded that, in the absence of any evidence that he had sought to mislead the Court, his appeal should succeed.

For the article in full, please see the pdf download top right of page.

Alexandra Anderson is a partner in City law firm, Reynolds Porter Chamberlain LLP.  If you have any comments or queries arising from this article, you can contact her on 020 36060 6499 or alexandra.anderson@rpc.co.uk.