Speakers
Darryl Allen KC
Simon Britten
Anna Datta
Martin Gargan
Jo Round
BOA Session
Ask the Expert - The 'Difficult' Joint Report
Chairs: Jo Round & Martin Gargan
In medico-legal practice the joint report process should be, and most of the time tends to be, a straightforward process between the experts instructed by the opposing parties, setting out areas of agreement (often quite a lot), any areas of disagreement, and why the experts disagree on those points, to simplify and narrow the issues for the court. While most of the time, between medico-legal experts well-versed in the process, it is a straightforward matter, on occasion we have all had experiences where the process is more difficult, for a variety of reasons.
A panel of orthopaedic medico-legal experts and Counsel will set out the process and provide tips and strategy for dealing with such scenarios, with opportunity for questions and discussion with the delegates.
Agenda:
10:30 - 10:45 Purpose of the joint report and relevant case law Anna Datta
10:45 - 10:55 Preparation for the joint discussion Martin Gargan
10:55 - 11:05 Conduct of the joint discussion Nikhil Shah
11:05 - 11:15 Bad process and what to do Simon Britten
11:15 - 11:30 Overview and what does counsel really want from the joint report? Darryl Allen KC
11:30 - 12:00 Discussion/Q&A
Consultant Trauma & Orthopaedic Surgeon and Honorary Senior Lecturer at Leeds Teaching Hospitals since 2002, having completed surgical training in Bath and Bristol and following fellowship training in the Ilizarov method at the Ilizarov Scientific Centre in Kurgan, Russia.
Mr Britten’s clinical practice includes the treatment of severe lower limb fractures and post-traumatic limb reconstruction including non-union, mal-union and deformity, limb length inequality, bone loss and amputation.
Current President of the British Limb Reconstruction Society and Chair of the British Orthopaedic Association Medico-legal Committee.
In 2018 Mr Britten was awarded the taught degree of Master of Laws with Distinction in medical law and ethics by De Montfort University Leicester.
His other interests include Nottingham Forest FC, Leeds Rhinos RLFC, modern languages, old Gothic Hammer Horror films, Formula One racing and the castles of Northumberland.
Anna is a specialist Clinical Negligence and Court of Protection barrister at Parklane Plowden Chambers. In 2020 she was appointed as a Fee-Paid Judge of the First Tier Tribunal, assigned to Health Education and Social Care (Special Educational Needs and Disability).
She is recommended as a leading barrister by the Legal 500 for Clinical Negligence. The guide describes her as ‘very pragmatic in her advice and pleadings which helps to cut through a lot of the complexities of medical negligence’.
Since 2019 Anna has been a tutor on the medical ethics module for University of Leeds medical students.
Anna is the Vice President of the Leeds and District Medico-Legal Society.
Anna is the head of Parklane Plowden Clinical Negligence Team.
Martin Gargan was educated at St Peter’s School, York as a York City Scholar. He went up to Oxford to study medicine in 1978 after a spell at the Webb School of California as an English Speaking Union Scholar.
He graduated in 1984 and gained his FRCS in 1988. His Orthopaedic training was on the Oxford rotation but included Fellowships as the General Motors/Royal College of Surgeons Trauma Fellow in Detroit and at the Hospital for Sick Children at Great Ormond Street before being appointed as a Consultant in Bristol in 1994.
In over 25 years of Consultant practice he served as Clinical Director, Training Programme Director of the Severn Deanery and Intercollegiate Specialty Examiner He has served on the Committee of BSCOS (British Society for Children’s Orthopaedic Surgery) and the BOA Council.
In 2014 he moved to Toronto as the Chief of the Division of Orthopaedic Surgery and the Harold and Bernice Groves Chair in Orthopaedics at the Hospital for Sick Children.
In 2018 he returned to the UK as the Clinical Director for Surgery at Bristol Royal Hospital for Children.
In 2019 he retired and returned to work full-time – as the Clinical Chair of Women’s and Children’s Services and clinical job share with Mr Fergal Monsell, the now President-Elect of the BOA!
Jo Round is a Consultant at University Hospital Southampton, where she specialises in Trauma and Limb Reconstruction.
Jo trained within the Wessex Deanery and completed a fellowship in Leeds and attended an Observership in Cape Town. She has completed the BOA Future Leaders Programme and is on the faculty on the KSS Core Trainees Leadership Course.
Mr Nikhil Shah is a fellowship-trained consultant and works at Wrightington hospital with an interest in complex primary and revision hip and knee replacement surgery, periprosthetic fractures, pelvic discontinuity and custom acetabular reconstructions. His specialist trauma practice includes the management of pelvic-acetabular injuries. He completed his fellowships at Wrightington and the Holland institute (Sunnybrook and Women’s, Toronto). He has won several awards. Mr Shah teaches on various courses nationally and abroad. His research interests have revolved around his clinical work. His medicolegal practice deals with personal injury and clinical negligence in areas relevant to his routine and specialist practice.