Writing a Statement as a Professional Witness

Chapter 22
Writing a Statement as a Professional Witness


Bernadette Butler


The Haven Camberwell Sexual Assault Referral Centre, King’s College Hospital NHS Foundation Trust, UK






OVERVIEW



  • Clinicians may be required to provide a statement in relation to an investigation
  • This may be used in court proceedings
  • It is important to establish for what investigation or court it is required
  • The clinician has an overriding duty to tell the truth and an obligation to assist the court
  • The statement relates to their professional work
  • It must be written so that it is objective, clear, unambiguous and understandable by readers (most of whom will have no clinical background)




Introduction


A clinician may attend court in a number of roles (see Box 22.1).






Box 22.1 Clinician attendance at court



  • Witness of factGiving information about something seen or heard, or in which the individual was involved.
  • Professional witnessGiving information in the context of their professional role, e.g. doctor, nurse, paramedic. Doctors might include some explanation or interpretation.
  • Expert witnessWhere the statement will be based on other information provided, partially or completely outwith the direct involvement of the clinician, and will include interpretation, comment and opinion.
  • DefendantIn a civil or criminal case.




This chapter deals only with professional witness statements. These may be needed for:



  • The criminal courts, e.g. magistrate’s court, crown court.
  • The coroner’s court.

Similarly, reports, rather than statements, may be needed for other proceedings, such as the family court; these are not covered here.


A statement is essentially a formal account of the facts relating to an incident or occurrence (see Box 22.2). It is usually a document written by the clinician. Sometimes it is given orally and written down by a police officer; the witness is then asked to read it, make any amendments, initial them and sign it. If an oral statement is given, it must be read and edited carefully before signature, as the duties and obligations still apply.






Box 22.2 What do I do when I am asked to write a statement?



  • Don’t panic.
  • Check the request is in writing.
  • Confirm (if not already clarified):

    • About whom it is to be written and what event(s) it should cover, e.g. a patient you saw in the A&E on a particular day.
    • By whom it is needed, e.g. police.
    • The time frame within which it is required, e.g. for a hearing next month.

  • Acknowledge the request and explain any likely delay, e.g. if you are going on annual leave.
  • Don’t be rushed – a quality document requires time to prepare and write.




Criminal justice procedures and laws differ between and within countries:



  • In the UK, there are differences between procedures in England & Wales and those in Scotland and Northern Ireland.
  • In other countries, there may be differences between state and federal legislation.
  • It is important to know where you can get advice if you are uncertain (e.g. professional and medical indemnity organisations).

Purpose


The statement should assist an investigation and the court by proving an account of your involvement; that is, what was:



  • Seen.
  • Said and heard.
  • Done.

Or a combination of all of these.


If a clinician writes a statement using another’s notes or records, this must be made clear.


Duties and obligations


You have an overriding duty to tell the truth and an obligation to assist the court.


You may have a declaration to make at the beginning or the end of the document. There may be a mandatory form of words for the jurisdiction in which you work.


It is important to note that if you do not fulfil your duties and obligations, your probity, and in turn your fitness to practice, may be called into question.


Do I need the patient’s permission to write a statement?


It depends. You may have written confirmation of the patient’s permission but you should clarify this. Discuss the statement with a senior colleague, the legal department or the information governance lead in your trust and/or your professional indemnity organisation. Check whether there is a local policy or protocol to which you should refer. Some criminal and statutory investigations may require you to comply with such a request whether or not you have the patient’s permission to do so.


How do I start?



  1. Ask your clinical supervisor or a senior colleague for advice; there may be a ‘local’ template to use.
  2. Look at examples written by experienced colleagues.
  3. Obtain the relevant notes or records.
  4. Set aside the time – at least 2 hours.
  5. Avoid interruptions (do not write a statement when on duty).
  6. Read everything several times, before you start.
  7. Plan the layout, if you do not have a template.

What do I do next?



  1. Decide what information should be included (a template will help; see Figure 22.1 and Box 22.3).
  2. Start writing – computers make editing easier.
  3. Be objective and accurate.
  4. Use a clear, suitably sized font.
  5. Consider double line spacing.
  6. Number the pages and paragraphs. This makes it easy for the reader – which might be you in court later.
  7. Double check the grammar, punctuation and spelling.
c22g003

Figure 22.1 Sample witness statement (fictional).


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Dec 9, 2016 | Posted by in GENERAL & FAMILY MEDICINE | Comments Off on Writing a Statement as a Professional Witness

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