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How would you write a witness statement in a clinical negligence case?Brain damage due...

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cryton

Posted August 4, 2008 at 12:41 AM via web

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How would you write a witness statement in a clinical negligence case?

Brain damage due to neonatal hypoglycemia and ensuing hypoxia-ischaemia; adverse effects of Labetalol beta blockers.

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urthona | (Level 1) Assistant Educator

Posted August 5, 2008 at 4:06 AM (Answer #1)

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A witness statement should provide a thorough, accurate account of the events that the witness experienced personally, in his or her own words.

The witness statement should be in chronological order and cover the five Ws and the one H:

  • When?
  • Who?
  • Where?
  • What?
  • Why?
  • How?

 

Be sure to explain who you are and the precise extent of what you experienced. It’s best to avoid stating feelings, impressions, assumptions, or conclusions. Just stick to the facts as you recall them.

For a medical negligence case, you can assume that technical terms will be understood by the parties' attorneys.

The link below provides a discussion of expert testimony in medical negligence cases. Although your witness statement is not expert testimony, some sections of the text may provide guidance.

Disclaimer: This post contains general legal information and should not be construed as legal advice to be applied to any specific factual situation. Each reader should consult a lawyer if you want a qualified professional’s assurance that this information, and your interpretation of it, is appropriate to your particular situation.

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