BRITISH ORTHODONTIC SOCIETY
ETHICS COMMITTEE
PANEL OF EXPERT WITNESSES
Protocol for the appointment of new members (April 2008)
The BOS Panel of Expert Witnesses is a national list of well respected orthodontists
trained for the specific tasks undertaken by expert witnesses.
Background
The BOS Panel of Expert Witnesses was first created in 2001 and was expanded and formalised in 2003 and revised in 2008.Two training courses were run in 2004 and one in 2007. Requests for expert opinions originate from the GDC and defence bodies, from law firms contacting the BOS office and as a result of referral by members of the Society who are approached by law firms, NHS Trusts or PCTs.
The requirements for joining the Panel are that applicants will be able to fulfil the three requirements of good standing, training and experience.
Good Standing
- Applicants must to be of good standing as defined in Rule 4 of the Society (annex 1).
- Those listed must adhere to the BOS policy on disclosure of interests (annex 2). This relates both to the process of joining the panel and during the performance of duties as an expert witness.For example, an expert witness would need to disclose if he or she knows or is known by any of the individuals in the case under consideration.This can frequently occur in a small specialty but this would not necessarily prevent one from acting as an expert witness, provided proper disclosure had been made.
- Applicants must be respected by their peers.
Training
- It is a requirement that members of the Panel are on the GDC specialist list.
- It is a requirement that members are trained in the specific skills required.
- Expert witness training is not a set requirement prior to applying but is strongly encouraged before inclusion on the list.
Experience
- A minimum period of seven years of whole time equivalent clinical practice of orthodontics following the MOrth (or equivalent qualification) would normally be expected for eligibility for the Panel.
- An interest in law or some legal training can be helpful but this cannot override the primary requirement of expertise in orthodontics.The opinions to be provided will be orthodontic, not legal.
- Upon retirement from clinical practice, membership of the Panel can continue for a further period of two years, provided GDC registration, specialist listing and adequate indemnity insurance or protection are maintained.It is not possible to join the Panel after retirement from clinical practice.
Assessment of Applicants
Members of the Society who wish to join the Panel should apply in writing to the Chairman of the Ethics Committee.A CV and the names of two referees should be provided, one of which must be a member of BOS.The Ethics Committee will assess the application and may seek further information, for example from the appropriate Group Committee.
Successful applicants
Successful applicants will need to understand the role of the BOS in respect of the listed expert witnesses.
- The Ethics Committee will maintain and update the Panel of Expert Witnesses.
- The BOS expert witnesses will limit their expertise to the field of orthodontics.
- BOS members included on this list act as individuals and their opinions are not necessarily those of the BOS.
- Membership does not confer accreditation.
- It is expected that members of the Panel will undertake additional or refresher training as appropriate.
ANNEX 1.
GOOD STANDING
Rule 4 of the British Orthodontic Society Rules and By-Laws requires that:
All members of the Board, all Society Committee members, all Group Committee members, and all members representing the Society on outside bodies, whether appointed, elected or co-opted (referred to as “serving members” throughout Rule (4) must uphold the very highest standards of ethical care and professional conduct and be of “good standing”.
No member suspended under Article 17 of the Articles of Association may be a serving member.
No person may act as a serving member if erased or suspended from the Dentists’ Register by the General Dental Council (GDC) or if currently under consideration by the disciplinary committees of the GDC except with the agreement of the Chairman of the Society and the Chairman of the Ethics Committee.
ANNEX 2.
DISCLOSURE OF INTERESTS
a) The British Orthodontic Society is committed to maintaining the highest standards of governance.The ability of the Society to fulfil its objectives as a charity depends on the quality and transparency of governance.
b) The disclosure of interests by trustees of the Society (Board members with voting powers), members of the Representative Body, Group and BOS Committee members forms an important part of good and transparent governance.
c) The disclosure of interests depends on an assessment by members of Board, or Committees of direct, indirect or potential benefits they may gain arising from discussions within any committee of the Society’s governance structure, whether or not such discussions lead to a decision, resolution, recommendation, action plan or any other outcome.
d) There are many forms of benefit ranging from direct personal financial reward to indirect or potential rewards such as an increase in the likelihood of research grants being awarded to junior members of staff.It is not possible to define every form of benefit.It is necessary to disclose areas where the possibility of conflicts of interest exist or may be perceived by others.
e) It is the duty of the Board, Representative Body or Committee member who stands to benefit to disclose the possibility of conflict of interest.As it may not be immediately apparent to the member in question, it is open to other members of the Board, Representative Body or Committee to raise the possibility of conflict of interest for the Board, Representative Body or Committee to decide whether such a conflict exists.If a possibility of conflict of interest is perceived in another committee, this concern should be raised with the Chairman of BOS or the Chairman of the Ethics Committee.Furthermore, any member of the Society, any employee of the Society or a member of the public may raise issues of conflicts of interest with either the BOS Chairman or Chairman of the Ethics Committee.
f) The requirements to disclose interests apply also to representatives of the Society appointed by the Board, the Representative Body, Group or BOS committees serving on committees outwith the BOS.
Subsequent sections of the BOS policy on Disclosure of Interests
are not specifically relevant to members of the Panel of Expert Witnesses
