Preparing a Legal Medicine Expert Witness Report in Australia

Introduction: This paper offers simple guidelines to prepare a legal medicine report. Mandatory requirements: Experts must critically read the letter of instruction, setting out the case and expectations. (S)he must confirm the necessary expertise and understanding which may require a teleconference. The expert must acknowledge and comply with the Code of Conduct and principal obligation to the court. Preparation of the report: The report’s format is an individual matter, varying between experts. It should be easy to follow, succinct and stipulate the content of the letter of instruction, summarise material provided, possibly within an appendix. The report should stipulate the salient issues, be it regarding material provided and/or from a consultation with the client/patient, the latter requiring informed consent. Reliance on any additional material should be referenced. All opinions need to be qualified and justified. Very few reports actual go to court and most are used for mediation. Conclusions: The report must respect mandatory expectations including: confirming expert status; address the Code of Conduct; identify material used; reference additional material; acknowledge the letter of instruction and questions asked; and justifying any opinions being proffered.