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Photo by Vitaly Gariev via Pexels In personal injury and clinical negligence litigation arising from road traffic accidents (RTAs), the form of evidence required to establish causation depends on whether the central dispute concerns the existence of an injury, its mechanical derivation from the incident, or the subsequent trajectory of recovery. Instructing parties should assess…

Photo by https://kaboompics.com/ via Pexels In cardiology litigation, the assessment of whether a clinician has fallen below the expected standard of care rests upon the interaction between clinical practice and the court’s evaluation of that practice under the Bolitho test. For solicitors, understanding how an expert applies this test is essential when the dispute centres…

Photo by https://kaboompics.com/ via Pexels In clinical negligence litigation involving vascular surgery, the claimant often faces an outcome that is less favourable than it would have been had the alleged breach not occurred. Where a clinician fails to diagnose or treat a condition, such as peripheral arterial disease or an impending aneurysm rupture, the legal…

Photo by https://kaboompics.com/ via Pexels The role of oncological evidence in material contribution arguments In clinical negligence litigation concerning delayed cancer diagnosis, claimants may seek to establish that the delay resulted in a less favourable outcome. Where the causal link between the delay and a specific clinical deterioration cannot be proven on the balance of…

Photo by https://kaboompics.com/ via Pexels Defining the Evidential Boundaries of Lower Limb Trauma In personal injury and clinical negligence litigation involving severe lower limb trauma, the distinction between musculoskeletal stability and circulatory integrity is critical. Instruction of a trauma orthopaedic surgeon is a common starting point, yet the presence of vascular compromise often requires separate…

Photo by cottonbro studio via Pexels The Evidential Basis of the Forensic Pathologist Inquest Report In inquest proceedings, the specialist who conducts post-mortem examinations must balance the duty to assist the coroner in establishing the facts of death with the implications that these findings may hold for future or concurrent criminal investigations. Where death occurs…

Photo by Mikhail Nilov via Pexels The mechanism of hindsight bias in clinical evidence In paediatric clinical negligence, an expert’s assessment of breach of duty is often susceptible to hindsight bias. This cognitive trap occurs when knowledge of an adverse outcome influences the evaluation of clinical decisions made at the material time. For instructing solicitors…

Photo by https://kaboompics.com/ via Pexels The purpose of clarification under CPR 35.6 In civil litigation within England and Wales, the mechanism provided by CPR 35.6 allows a party to submit written questions to an expert. The primary function is to seek clarification where an expert report is ambiguous or where the underlying reasoning on a…

Photo by RDNE Stock project via Pexels In personal injury litigation, establishing a causal link between an index event and a psychiatric condition requires a methodical analysis of a claimant’s pre-existing health, the nature of the stressor, and the temporal proximity of symptoms. Expert opinion must assess whether a condition would have developed regardless of…

Photo by RDNE Stock project via Pexels In birth injury litigation, the threshold for establishing liability depends on the distinction between an adverse clinical outcome and a failure to meet the required standard of care. Instructing solicitors and experts must prioritise the objective, contemporaneous medical record as the primary evidence in cerebral palsy claims to…