In this episode, Mesha from Hempsons’ Healthcare Advisory Team and Abidah from the Inquest Team share expert advice on writing effective witness statements. They explain why statements are so important, what to include, and how to make them clear and professional. From complaint responses to inquests and clinical negligence claims, this episode provides practical tips to help healthcare professionals navigate the process with confidence.

What You’ll Learn:

• Why witness statements are critical in healthcare legal processes
• Key elements every statement should include (context, factual account, supporting documents, statement of truth)
• Writing style tips: clarity, numbering, explaining medical terms, and tone
• How to handle apologies and condolences appropriately
• Differences in approach for complaints, inquests, clinical negligence, and criminal matters
• Practical advice to make the process less stressful

Resources & Contact:

For more guidance or legal support, get in touch with us here: Contact us - Hempsons - Hempsons.

Our team is here to help.

Hello and welcome to this podcast from Hempsons. My name is Mesha. I am a solicitor with the healthcare advisory team. Today we're going to be talking about how to write a witness statement in the various different court arenas, including complaint responses, clinical negligence claims, and the court protection matters.

I also have my colleague, Abidah Mangera here from our inquest team who's going to provide more information on writing witness statements for inquests. So, hello Abidah. Thank you for coming on.

Thank you for the introduction Mesha, and thank you for having me. As mentioned, my name is Abidah. I'm a solicitor in the inquest team.

Let's get this podcast started with a simple question, why is statement writing so important?

It’s a simple question, but a very good one. So a witness statement has multiple uses. For starters, it's your opportunity to present your side of the story. You can get across the facts that you want to convey, as well as provide any rationales for decisions made.

It can accurately reflect your professionalism and credibility. A well-written statement can also resolve issues without any further escalation. So if a statement is logical, step by step explanation of the facts, it'll be persuasive and can thoroughly address the concerns of a patient or a family. This could lead to the end of a complaint and avoid any potential future claim.

The statement can also serve as a memory aid if called on evidence later. If you are asked evidence at a trial or a hearing, a witness statement is a really useful aid to your memory. If it's been sometimes since the events have happened or since you first wrote a statement, and it's a platform for you to refer people to when you're giving evidence.

They really are an important process and it's really important to take the time to do them properly.

That's really helpful. Thank you. Can you explain to our listeners what should be included in the content of a statement?

Absolutely. So some of these points are fairly obvious, but they are important to note.

So a witness statement should obviously include your name, your professional address, which will usually be your hospital address rather than a personal address. They’ll also include your qualifications and your current role. It is worth noting that if your role is different at the time of the events occurred, that you are asked to write a statement on, then include the role at the time of the statement, the time of the incident, as well as your current role.

It is also really in help to include the purpose of a statement. Your statement should really be able to stand alone without the need to read any of the documentation to understand it.

So it's helpful to put your statement into context included things like what the statement is for, for example, is it for an inquest or to address a complaint? What it's going to address, if there's any specific questions you've been asked to answer or to cover a specific period of time, and also why you in particular have been asked to write the statement. For example, were you there at the time that the incident happened or are you managing those involved?

So it really helps to just put the witness statements into context. You'll also need to include the factual account to the events usually in a chronological order, but any logical order really, and try and avoid making assumptions or guessing facts that you don't know. If you are asked to comment on something that you aren't aware of, then it is important to put that in the statement and make it clear that you can't address that question.

What you'll also find is that it's often helpful to refer to supporting documentation in your statement. For example, medical records, data on staffing numbers, and any previous statements. If you do refer to any of these supporting documentation. It's worth noting that we’ll probably ask to put that in as an extract in your statement.

If it's short or if it's a bit longer, we'll exhibit the document to your statement. So it's likely that some sort of supporting document will be included. We'll also add your signature and date at the end of the statement so everyone knows when it was written.

And usually, for example, with inquest or legal matters, there'll be a statement of truth. Setting out that you agree that the information in the statement is true to the best of your knowledge. So that's generally what's included in content of a statement.

When it comes to the writing style, what should people keep in mind to make their statement clear and professional?

In terms of writing statements for each individual arena, the format and the style of the statement is really more for the solicitor to know, and that's what we can help guide on.

But in terms of some general stylistic points, as I said before, your statement should be able to stand alone. So it needs to say who you are, why you're providing the statement and the facts of what happened. It's also really helpful if statements are numbered by page and paragraphs. It allows much easier navigation for you if you need to refer back to it when you're giving evidence, or also helpful for others to refer to when they're reading and referring to your statement.

Another issue we commonly come across with statement writing is the explanation of abbreviations in medical terms. Now, we know that often when people are writing witness statements, they come from medical backgrounds and use very common medical abbreviations and terms. We need to remember that witness statements aren't necessarily being read by clinical colleagues.

They may be read by family members, the patients or a judge. So it's really important to take the time to explain any medical terminology and any medical abbreviations. Also on that note, it'd be helpful to put test results into context. So for example, rather than stating what a patient's blood pressure was, confirm whether it was normal or alarming, could it be helpful to a reader who may not understand what the different levels of blood pressure are.

One thing we also tell people is that statements should be provided on trust headed note paper. Now a lot of people don't know if this exists or if they have access to it, so we would advise asking the person who asked you to write the statement in the first place and they should be able to assist obtaining that.

One thing I would mention stylistically is in terms of whether to include condolences and apologies on a witness statement. Now it's perfectly acceptable to show emotion and condolence in a statement and we actually support it. because it can go a long way in comforting patients and family, especially if the statement's for an inquest or a complaint process.

And like we said before, it could be the difference between making a complaint and making a further claim. In terms of an apology, the NHS provided some really helpful guidance on whether to apologize, and I do recommend reading it because it is worth a read. You'll see that they highlight that an apology is not a form of admission of liability.

And like we said, can go a long way in comforting a patient. But they do emphasise that apologies must be done in a sensitive way. Then you shouldn't apologise for the actions of others if it's outside your remit. So for example, if you're not managing the person. So we absolutely would suggest if you are considering making an apology in your statement, just check that you're the right person to be making it.

I think a lot of people worry about getting the style right, so those tips will make a big difference. We do get asked to write statements for all sorts of forums. For example, inquest, criminal matters, complaints. Does the way we approach writing them change depending on where they're going.

Oh, absolutely.

And I'll go through a few examples just to kind of show how different they could be. So if we look at a statement for a criminal matter, for example, now these are rare, but they do come up and the process for writing a statement with criminal matters is that it's completely led by the police. It's very tightly controlled, so it'll usually be taken by an investigating officer, usually in the police station.

They'll lead you through the process of what issues they want addressing, and then they'll write that statement for you. It is important to note that it's still your evidence and account of the incident, so any draft that you receive. Do check it very, very carefully, and if you do, find yourself giving a statement for a criminal matter, I would recommend getting support from a legal team or representative, from a medical defence counsel or a solicitor just to really support you in that process.

Another example that we write statements for are for clinical negligence cases. Now, these are usually taken by the solicitor who's asked you to give the statement, and it's done by setting up a meeting, running through the allegations and the points to cover in the witness statement. They'll then usually go through the evidence chronologically, explaining the treatment decisions made, and again, the solicitor will provide you with a draft to review.

It can be a really time consuming process and we are aware that it can take people away from their clinical duties and that used usually lots of drafts that go back and forward between the statement writer and the clinician. But it is worth taking the time to make sure that it's correct and it's done properly.

One tip we do have for statement writing and clinical negligence actions is to review medical records before you have the meeting with a solicitor, just to make sure that the incident is really fresh in your mind. Would also be helpful to look at any other documents available, such as complaint responses or investigation reports.

We can then, if necessary, include these documents in your statement, either as exhibits or extracts. But as you go in to write the statement, do just make the facts as prominent in your mind as possible. Looking at complaint statements, these are usually less formal, but do not underestimate how important they are.

They're vital to ensure that an incident is properly investigated and help to decide if further escalation is required. A complaint statement could be the difference between, someone avoiding bringing a claim because everything's been answered so meticulously, and an offhanded comment resulting in a claim being made.

So it is important that when you're doing these complaint responses, that you check that the language and the tone used is appropriate in terms of inquest statements, Abidah, I think you'd be the best person to provide some more information on that.

Of course, you may be asked to provide a witness statement by your legal team.

Once a patient's death has been referred to the coroner, this could happen whether or not you were directly involved in the patient's care. Sometimes you may be asked to provide an overview statement or a detailed account of your own involvement. You may also be asked to address family concerns or summarise organisational learning if you hold a managerial or clinical leadership role.

Your witness statement is a key part of the coronial investigation, although it may not seem like it at the time you're writing it, it's going to provide the coroner with vital evidence to help establish who died, when, where, and how they died. It's also shared with the family, so clarity, compassion and straightforward language are going to be really essential.

A top tip from me is to use your trust or organisation template if there is one, and be sure to review all the relevant records. Get the name right, the date of birth right, the date of death, right, and ensure the statement is accurate and complete. Just remember, if your statement is well prepared and got all the detail needed, this sometimes means that you don't have to attend in person.

The coroner will make that decision and they may decide to accept it and read it into evidence instead. Just a point to note inquests are public hearings and aspects of care or systemic issues could be reported in the press, so professionalism is crucial right from the start. From my experience, something people often wonder is about disclosure.

Once you've written your statement, how far is it actually disclosed? Is that something you can help with Mesha?

Yeah, absolutely. And it is really important when we're talking about the tone and sensitivity of witness statements. It's important not just to look at the purpose that you're writing the statement at that moment, but also how far it can be disclosed in the future.

So, for example, with criminal matters, disclosure is very limited. So it's really important to just for discussing the process of the witness statements in front of anyone else, um, or you could be impeded in a criminal process. In terms of criminal negligence and court protection cases, disclosure is limited to legal parties, experts and judges.

The tricky one when it comes to disclosure is complaints and instant investigations. Because you're not just responding to a complaint from a family. The statement could be used as a future inquest or a complaint. So it is really important to get the tone correct. So in terms of top tips for writing witness statements, I think the points that I really want people to take away are just to confirm the purpose and the audience of the statement from the outset, and that's the audience at the time that you're writing, but also considering how it can be disclosed further along the line.

Another point is to make sure that you answer the question asked if you're asked to respond to a specific incident or a specific timeframe. Keep your statements within those boundaries and make sure you answer everything asked.

I'd also check what relevant documentation is out there. Before you start writing the statement, make sure you review all the medical notes and all information available in order to ensure that your witness statements as thoroughly as possible and make any sources of information crystal clear.

The last thing I'd mention, and I think Abidah will support me on this, is that changing a statement in any arena can be very tricky. So it's really important to get it right the first time. We know that these statements are a very time consuming process that take clinicians away from their clinical responsibilities.

But changing a witness statement after it's been filed or referred to is a very difficult process. We need a permission from a judge or a coroner, and even if it is changed. It's still possible that adverse inferences can be drawn or just a bad first impression made. So it is really important that the times are taken to check drafts, check the style points, the content, check that everything's accurate in order to provide a really thorough and meticulous statement the first time.

So those are my top tips for writing witness statements. Abidah, do you have any top tips you'd like to add?

Thank you, Misha. I'd just add that nobody's expected to be perfect. It's really about being honest, clear and reflective, and remember, you're not on your own. Your managers and the legal teams are there to support you through what can be a really challenging process.

Well, thank you very much for listening. I hope it was helpful. If you want to contact us, please go to one of the contact forms, our website. Like Abidah said, we're here to help you, so thank you very much.