Should a Treating Clinician also Act as an Expert for the Court?

Dr Smith, an experienced psychologist and therapist, prepared a medico-legal report on a claimant, who had been involved in a serious road accident. He diagnosed a phobia of driving and trauma-related depression and recommended cognitive behavioural therapy. 

One year later he agreed to provide this therapy, during which a number of other causative and maintaining factors emerged, many of which were highly personal. The claimant also had difficulty being totally open and honest about these factors. Therapy was successful but took longer than expected. Dr Smith had a significant dilemma when asked to update his evidence as to his responsibility to the court and his clinical responsibility to the claimant whom he now knew very well and whom had trusted him with confidential information.


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