How To Draft A Witness Statement In A Dental Claim
It is quite a common occurrence that I ask my clients to draft a formal witness statement – the first question asked usually is: how do I do that?
A witness statement is a formal document which contained your own account of the facts relating to the issues arising in your dental claim. Comments made in the statement should be limited to fact and comments based on opinion should be kept to a minimum.
The purpose of a witness statement is to provide written evidence to support your claim that can if necessary be used as evidence in court. Just like an experts report the witness statement is a crucial part of your dental claim and it is important therefore to ensure that your witness statement is accurate and your story told in your own words.
How will the witness statement be prepared?
I will normally meet with you either face-to-face or over the telephone to discuss the issues on which you can give evidence – this is called taking a proof of evidence.
Before a proof of evidence is taken you should look at the documents which relate to your dental claim such as the letter of claim in the letter of response along with your clinical notes and records.
It is likely that I may ask you questions about important events example what happened at your dental appointment and what you were told. I may ask you questions upon the effect that the dental negligence has had on your life and may ask you to outline the pain and suffering that you have endured.
The witness statement must be in your own words and is therefore vitally important that you understand what is included in your statement and is in your own language and reflects your account of the facts in the correct chronological order.
You will usually be able to refresh your memory by looking at the contemporaneous documents that were made at the time of your dispute.
What happens after a proof of evidence has been taken?
After a proof of evidence has been taken I can convert this proof of evidence into a formal witness statement. You are last to review and amend where necessary and again it is important that the statement reflects your version of events in your own words in chronological order.
It is often the case that there will be several drafts of the statement. You will be asked to sign a statement of truth contained the witness statement which is simply a statement that the contents of your witness statement are true. It is a contempt of court to sign a statement of truth which you know is not true.
How do I start drafting a witness statement?
If I ask you to draft the bare bones of a witness statement -do not worry too much about the correct layout as I will sort this out later on. It is far more important that you concentrate on what is contained within your witness statement so it addresses all of the main facts and issues and tells your story in our own words.
I normally ask clients to simply start drafting a statement like you would when writing me a letter. It is a course much easier for me later on when I am finalising your statement if this can be done electronically and sent by email.
Who will get to see the witness statement?
After the statement has been signed a copy will be exchanged with the other side. The other party will disclose their witness statement in support of their case at the same time.
After the exchange of witness statements I will ask you to comment and review the other parties witness statement which deal with those issues addressed in your evidence and it may be necessary to prepare a supplemental witness statement where for example there are factual inaccuracies in the evidence contained in the other party statements.
What will happen to my statement at Court?
If your claim goes to trial, you will be asked to confirm that the contents of your witness statement are true by our own barrister. Once you have done this the other side’s barrister will ask you questions upon the contents of your statement – this is called cross examination.
Our barrister will then have an opportunity after cross examination to ask you further questions upon the contents of your statement – and this is called re-examination.
It is up to the judge which witness statement he believes and so it is important that your witness statement is drafted well.
The template that follows is an example of a short witness statement (completely made up of course!)
In the Somewhere County Court
Claim no: 123ABC
Between:
A N Other
Claimant
-and-
Dr X
Defendant
Witness Statement of the Claimant
-A N Other-
I, A N Other, of 1A Ludlow Road, , Church Stretton, SY6 6AA make this statement in support of my dental claim against Dr X.
The facts in this statement come from my personal knowledge unless otherwise stated.
- I am by occupation a professional wrestler and my date of birth is 01/04/1888
- I can recall that my first attendance with Dr X was on 1st April 2016 date when I visited his dental surgery. My brother attended with me as I was quite nervous at the time.
- I remember that I was immediately called through to see the dentist by the dental nurse and I sat in the dental chair.
- Dr X did not ask me any questions about how I was and did not take any medical history. I can recall that he was in fact quite rude to me and shouted at me to sit in the chair. I got the impression that he was extremely rushed.
- Dr X simply told me to open my mouth and he then proceeded to extract a perfectly healthy tooth. I was shocked.
- I was not given any warning that this was going to happen and Dr X did not provide me with any sort of treatment plan or costings beforehand.
- The tooth that was extracted by Dr X was perfectly healthy and was not causing me any trouble whatsoever. I cannot understand why this tooth was removed.
- Because the tooth that was extracted was an upper front tooth this makes it very difficult for me to bite into food. I also have an unsightly gap which makes me extremely self-conscious and this affects my career as a professional wrestler.
- The impact of Dr X removing my upper front tooth has been devastating for me. I was in pain after the extraction for a number of months which stopped me from sleeping properly. I lost weight because I could not eat properly.
- I have been told by my new dentist that I require a dental implant to replace the missing tooth but that this will be extremely costly.
- I have lost all trust and confidence in Dr X and am sorry that I ever attended Dr X in the first place.
I believe the facts in this witness statement are true
Signed: A N other
Dated: 31/08/2020
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