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07 July 2017 / Dr Chris Pamplin
Issue: 7753 / Categories: Features , Expert Witness
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Confronting dogma (Pt 2)

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Post-Squier, Chris Pamplin reflects on the use of previous judgments in disciplinary proceedings

  • In disciplinary proceedings, is it fair to allow evidence based on judgments where a professional acted as an expert witness and therefore had no opportunity to defend herself?
  • A reasonable balance must be struck between probative value and prejudicial risk.
  • Squier lays down principles for cases where professionals face disciplinary charges.

The decision to strike from the medical register Dr Waney Squier, a neuropathologist who expressed views in court questioning the existence of shaken baby syndrome, came under scrutiny last year in Squier v General Medical Council [2016] EWHC 2739 (Admin). The case—an appeal against the decision of the Medical Practitioner’s Tribunal of the General Medical Council (GMC)—was examined in a previous issue of NLJ (see ‘Confronting dogma’, 7 April 2017, p 19). Squier raises many issues, notably that of using previous judgments in disciplinary proceedings.

Dr Squier’s views on shaken baby syndrome are considered controversial. Time will tell whether she is a courageous individual taking

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