Guidance for solicitors on medical expert evidence

Photo by cottonbro studio via Pexels Functional capacity within the trial process A forensic psychologist’s report must provide clear evidence to support an opinion on whether a defendant meets the legal criteria for fitness to plead. The court’s determination rests on the defendant’s ability to engage with the trial process, rather than on the nature…

Photo by RDNE Stock project via Pexels In Court of Protection proceedings, the assessment of a protected party’s functional requirements is central to determining the scope of necessary support. An occupational therapist providing an expert report must distinguish between observed functional capacity and the broader medical prognosis, ensuring that evidence submitted to the court remains…

Photo by Mikhail Nilov via Pexels The status of the skilled witness in Scotland Instructing solicitors operating across multiple jurisdictions must distinguish between the regulatory frameworks governing expert evidence in England and Wales and the distinct procedures applicable in Scotland. In the Court of Session and the sheriff court, the term ‘skilled witness’ is used…

Photo by Pavel Danilyuk via Pexels The scope of the but-for test in surgical claims In clinical negligence litigation involving gastrointestinal surgery, the identification of the correct causation test is central to the resolution of a claim. The primary question for an expert witness is whether the claimant’s injury would have occurred ‘but for’ the…

Photo by https://kaboompics.com/ via Pexels The scope of the duty to disclose in elective surgery In clinical negligence litigation, a challenge to informed consent in elective plastic surgery often turns on whether the surgeon disclosed the risks that a reasonable person in the claimant’s position would be likely to attach significance to. Following Montgomery v…

Photo by Gustavo Fring via Pexels In clinical negligence litigation involving sepsis, the intersection of microbiological findings and the timeline of clinical intervention frequently forms the crux of the dispute. When medical records fail to capture the precise timing of antibiotic administration, sampling, or the escalation of clinical concern, the microbiology expert’s role shifts from…

Photo by https://kaboompics.com/ via Pexels Establishing the diagnostic threshold In civil litigation in England and Wales, the medical expert must distinguish between transient adjustment disorders and formal Post-Traumatic Stress Disorder (PTSD). A diagnosis of PTSD typically requires the identification of specific symptoms, such as intrusive phenomena, avoidance behaviours, and alterations in cognition and mood. An…

Photo by https://kaboompics.com/ via Pexels The role of forensic pathology in inquests with multiple potential causes Inquests often involve complex medical evidence where death may result from concurrent or sequential factors, such as natural disease, external trauma, or potential clinical mismanagement. The forensic pathologist’s report must provide the coroner with a clear physiological account of…

Photo by Tima Miroshnichenko via Pexels Chronology and clinical presentation A neurosurgical expert report assessing delayed diagnosis of a subdural haematoma must establish the chronological relationship between the claimant’s clinical presentation and the diagnostic data available to the treating team at the material time. The expert applies the legal principles from Bolam v Friern Hospital…

Photo by Imad Clicks via Pexels The role of the respiratory physician in causation reports In industrial disease litigation, the respiratory physician’s report must assess the relative contributions of inhaled asbestos fibres and cigarette smoke to a claimant’s respiratory impairment. The expert must apply the evidential base to the legal tests for causation, distinguishing between…