Breach and causation reports

Breach and causation reports answer different questions. One addresses the standard of care in the criticised field; the other addresses whether any failing caused the alleged injury or loss. In complex matters those questions may require different experts.

Breach and causation report preparation

Report scope

What this report is for

Breach and causation reports answer different questions. One addresses the standard of care in the criticised field; the other addresses whether any failing caused the alleged injury or loss. In complex matters those questions may require different experts.

The precise remit, documents and assumptions should be settled in the letter of instruction. An expert’s opinion is confined to their own discipline and the material provided.

Instruction requirements

A focused route to usable evidence

The instruction should keep the clinical chronology, assumed facts and questions separate. It should not ask the expert to determine liability.

01

Defined questions

Identify the issues the report is asked to address.

02

Relevant records

Provide the material needed to form a properly bounded opinion.

03

Transparent assumptions

Separate facts assumed for the purpose of the report from clinical findings.

04

Independent opinion

The expert’s duty and the applicable procedural rules remain central.

Use the register to identify a suitable discipline, then agree the scope directly.

Find an expert for breach and causation reports

Related routes

Where this report sits

screening and merits reports and records review reports may be relevant before, alongside or after this report, depending on the issue and stage of the matter.