Lawyer Monthly Magazine - July 2019 Edition

you provide will be scrutinised by others and may be tested in a tribunal of fact where the opposing side will have consulted experienced experts of their own. At the back of my mind is that every report has implications for someone: criminal charges may or may not be sustained; an insured may not get their payout; an insurance company may pay when they shouldn’t; an employee may face disciplinary action. There are no trivial reports and there are no trivial opinions. What are some of the challenges that you’re faced with when determining if the influence of alcohol or drugs is significant? The difficulty is determined by the circumstances of the inquiry – how challenging was the task at hand and what evidence is there that the level of alcohol or drug detected could have affected the outcome? The degree of impairment that might be the cause of a simple trip and fall is quite different from the impairment that might contribute to a high-speed collision. It takes a very different level of impairment to fall off a balcony or sleep through a fire alarm, than it does to fail to take a corner driving at speed. There is often a delay between an incident and the obtaining of oral fluid, blood or breath for analysis. There is then the challenge of estimating the level of substance present at an earlier time and explaining, in the opinion offered, the weight that can be put on the interpretation. One of the complicating factors is that many people have a vested interest in the outcome of the inquiry and are less than truthful. In most cases involving drugs and alcohol the consumption is denied, understated or underestimated. The challenge is separating facts that can be verified from unreliable memories and deliberate misstatements. Can you talk us through the process of devising an effective report and service when called to case related to impairment by drugs or alcohol? The effectiveness of any expert opinion offered is crucially dependent on the quality of the investigation undertaken by the client and the reliability of the factual material presented. In an ideal situation, there is a concise and coherent story about how the incident occurred and the events leading up to it. In insurance claims, there can be a significant gap between a claimant’s version of events and the material facts. The better the investigation, the easier it is to support or refute the story given. Forensic Medical Consultants is an impartial private service in clinical forensic medicine established in 1994. We provide expert opinions that are independent, impartial, timely and reflecting current medical wisdom. We are recognised nationally for the quality of our expert opinions and clearly written reports. The significant advantage we offer our clients is that our service is provided by a practising medical specialist rather than a laboratory-based toxicologist. Forensic Medical Consultants has clients in all states of Australia including state and federal government agencies. Our principal consultant, Prof. Edward Ogden PSM has written over 5,000 expert opinions and has given expert evidence to courts in all Australian States and the Republic of Singapore. Forensic Medical Consultants understands that expert opinions are required in a timely manner. Our objective is to set out the issues in our area of expertise clearly in plain language to facilitate decision making. All reports are subject to stringent quality control and made in compliance with the Expert Witness Code of Conduct applicable to the specific jurisdiction. We aspire to the pursuit of excellence in clinical forensic medicine by providing: • High standard of expert opinion. • Value for money. • Integrated with specialists. • Focused on current research. • A tradition of excellence. FIRM PROFILE “ There must always be a willingness to work with experts from the opposing side of a dispute to reach a jointly considered position. JUL 2019 52 Expert Witness www. lawyer-monthly .com