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The treating psychiatrist as expert witness

Published online by Cambridge University Press:  02 April 2024

Trevor Broughton Open the ORCID record for Trevor Broughton [Opens in a new window]  and
Toral Thomas
Trevor Broughton*
Affiliation:
Consultant forensic psychiatrists with Norfolk and Suffolk Secure & Forensic Services, Norfolkand Suffolk NHS Foundation Trust, based at Northside House, Norwich, UK.
Toral Thomas
Affiliation:
Consultant forensic psychiatrists with Norfolk and Suffolk Secure & Forensic Services, Norfolkand Suffolk NHS Foundation Trust, based at Northside House, Norwich, UK.
*
Correspondence Dr Trevor Broughton. Email: trevor.broughton@nsft.nhs.uk
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Summary

Many authors have considered the ethical dilemmas of a doctor being both the treating physician and expert witness in litigation. The debate has often focused on the potential for bias and the adverse impact being an expert witness can have on the therapeutic alliance. Much of this debate seems rooted in the ethic of non-maleficence. In this article we attempt to examine the other end of this ethical quandary. Using a pragmatic approach, we explore these conflicts and consider biases from other sources. Ultimately, taking on the mantle of both roles is becoming increasingly unavoidable. Hence we argue that, although there are challenges, embracing this dual role can be an important part of holistic treatment, risk management and the pursuit of the ethical principle of justice.

Keywords

Ethicspsychiatry and lawconsent and capacityeducation and traininghuman rights
Type
Clinical Reflection
Information
BJPsych Advances , Volume 30 , Special Issue 6: Expert Psychiatric Evidence - including topics from the Grange Medicolegal Conference , November 2024 , pp. 403 - 405
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Copyright
Copyright © The Author(s), 2024. Published by Cambridge University Press on behalf of Royal College of Psychiatrists

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References

References

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