Guidance for solicitors on medical expert evidence

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…

Photo by https://kaboompics.com/ via Pexels Breach of duty: the legal framework A colorectal surgeon’s breach of duty opinion in a failure to diagnose bowel cancer claim must determine whether the care provided fell below the standard expected of a reasonably competent practitioner at the material time, judged by the Bolam test as qualified by Bolitho….

Photo by Kindel Media via Pexels The evidential scope of spinal surgery and radiology A spinal surgeon’s expert report typically addresses the operative rationale, procedural steps, and whether the choice of fixation fell within a responsible body of professional opinion, as established in Bolam v Friern Hospital Management Committee [1957] and qualified by Bolitho v…

Photo by Mikhail Nilov via Pexels Evidential Threshold for Material Contribution in Orthopaedic Trauma In industrial disease claims involving orthopaedic injury, the material contribution test may apply where multiple potential causes exist, and it is not possible to isolate the precise contribution of each factor. Unlike the but-for test, which requires proof that the injury…