Guidance for solicitors on medical expert evidence

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…

Photo by Pavel Danilyuk via Pexels Diagnostic criteria and evidential foundations In claims for Post-Traumatic Stress Disorder (PTSD) following a road traffic accident (RTA), the expert psychiatric report must apply the diagnostic criteria set out in the DSM-5-TR or ICD-11. The expert’s role under CPR Part 35 is to provide an independent opinion on whether…

Photo by RDNE Stock project via Pexels Role of the forensic pathologist’s report in SUDEP inquests In inquests involving sudden unexpected death in epilepsy (SUDEP), the forensic pathologist’s report provides the primary medical evidence for the coroner’s determination of the cause of death. For legal representatives, the report must clarify whether death resulted from a…

Photo by Mikhail Nilov via Pexels The necessity of pre-injury baseline evidence In personal injury and clinical negligence litigation in England and Wales, an orthopaedic surgeon may be asked to opine whether a traumatic injury accelerated pre-existing osteoarthritis. The defensibility of this opinion under CPR Part 35.6 written questions depends on the explicit linkage between…

Photo by Mikhail Nilov via Pexels The role of the single joint expert in fetal monitoring claims In birth injury claims in England and Wales, a single joint expert (SJE) may be instructed under CPR 35.7 to assess the quality and interpretation of intrapartum fetal monitoring traces. Where gaps in the recording exist, the SJE’s…