3. Writing a report Request for a report can come from:
Employer, coroner, solicitor, Gardai, or patients employer
Clarify your role in writing the report
Do you have the authority to write a report?
Are you breaching patient confidentiality?

4. Writing a report
DETAILED
CLEAR
OBJECTIVE

5. Writing a report Organising a report:
Statement of who you are (short CV)
Statement of which medical records you had access to
Relevant local factors
Patient’s details
Presentation and history, findings and treatment(s)
Date of the report
Signature

6. Writing a report Make sure that:
Review the medical records before writing your report
Have seen details of any complaint or claim
Write in the first person singular
Avoid jargon and abbreviation
Organise the report chronologically
Include full details (date, times, patient and staff names where applicable)
Include facts not opinions

7. Writing a report Report may be headed ‘confidential’
Should be addressed to the requesting individual or office
Detail will vary depending on the context: e.g. coroners’ reports will require more detail
Seek advice from senior colleagues (if required)
Seek advice from professional indemnification organisation

8. Giving evidence
In any legal or medico-legal context, the key task required of every factual witness is to assist the court, inquest, tribunal, enquiry etc.

9. Giving evidence Factual- no opinions, no guesses
Accurate –refer to and read out relevant contemporaneous records
Relevant- keep answers brief and focused on the precise information requested

10. Giving evidence In court you will appear as:
Lay witness: tell something they know, or claim to know about a case
Professional witness: tells the court factual matters about their patient etc.
Expert witness: tells the court their opinion on the medical facts, based on their own knowledge and experience

11. Giving evidence Do I have to go? How should I prepare? Read the report
Review the medical records
Find out who asked you to go
Find out where the court is and how long it will take to get there
Find out how long you will be needed for
Make sure the medical records will be available at the court

12. Giving evidence On the day Allow plenty of time to get there
Dress appropriately
If you have medical records take them with you

13. Giving evidence How should you behave?
Be impartial: your duty is to the court, not one side or another
Speak clearly
Don’t waffle or over-elaborate
Answer questions openly and honestly
Never lose your temper
If your are unsure about a question: seek clarification

14. Giving evidence
10 steps to a successful performance in the witness box:
1. Expect to be kept waiting before the case starts, and before you are subsequently called to give evidence. Take plenty to do and to read, as waiting time passes quickly if you are able to use it creatively and productively.
2. After taking the oath, take your time.
3. Listen carefully to each question, and pause before you answer.
4. Do not try to guess if there's any particular motive behind a question. You are on oath and therefore your sole concern is to answer questions truthfully.
5. Always face the Judge/Coroner/Chairman when answering questions, as s/he is the Court to whom you are giving evidence.

15. Giving evidence
6. Watch the Judge/Coroner/Chairman's pen and be ready to pause during your answer if his/her note-taking is having trouble keeping up with your evidence.
7. If you don't understand a question, you must say so. The questioner must do the hard work by thinking of a different way to phrase their question.
8. If you need to see a relevant document to ensure that your answer to a particular question is fully accurate and truthful, tell the Court straightaway.
9. Resist any temptation to 'fence' or argue with the lawyers - their job is to ask questions on behalf of clients, but the best witnesses remain neutral with no 'axe to grind', seeking only to assist the Court with accurate factual evidence.
10. As a general rule, keep answers short. If a simple 'yes', 'no' or 'I don't know' is the accurate truthful reply, then that is the answer that the oath obliges you to give. If more detail is needed, more questions will be asked.
N.B. Remember, take as much time as you need for each answer. A conscientious witness will pause for as long as necessary before speaking, to ensure that they are giving evidence that really is 'the truth, the whole truth and nothing but the truth'.