A professional witness is also called a witness to fact.
This is a separate duty to being asked to act as an expert witness.

Who can ask you to be a professional witness?

Those who might request you to be a professional witness include:

patients
patients' representatives, such as solicitors
other dental professionals or their representatives
the police
insurance companies
employers
the General Dental Council (GDC).

In some circumstances you have the choice whether to comply, while in others you might be legally obliged. For advice on your individual circumstances, please call our dento-legal advice line.

In court

If you are served with a court witness summons to appear in court as a professional witness, you're legally obliged to comply with the summons. If you need to, you can contact us to check the court summons has been properly served.
Fees for acting as a professional witness for a patient or their solicitor should be agreed in advance, preferably in writing.
In court, you will usually only attend to give your evidence, and not to listen to the evidence of other witnesses.

Providing reports

A professional witness has a professional and ethical duty to provide a factual report on any involvement with the patient concerned.

Where reports are requested by the police, or anyone other than the patient or the patient's solicitor with the patient's consent, make sure it's appropriate to disclose the information and consider whether the patient's consent is needed.

See our guide to professional witness dental reports for more on what to include in your report.

Fees

If the report is requested by a patient or their solicitor, you are entitled to seek a reasonable fee for preparing the report.

If the report is requested by police (as a witness statement or in connection with criminal proceedings) there is usually no fee available, although you can claim expenses for attending court.

If you are compelled to give a report as a professional witness, you will usually be paid a standard, non-negotiable fee.

Acting as a professional witness

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