Clinical negligence: expert witnesses

A clinical negligence instruction normally separates breach from causation. The breach expert is selected for the field in which the care was delivered; further disciplines may be needed to address the consequences of any identified failing.

Medical negligence expert witness — Clinical negligence medical evidence review

Jurisdiction

The context behind the instruction

The procedural rules for expert evidence are jurisdiction-specific. This page identifies the clinical disciplines; report-form requirements belong on the relevant report route.

For nation-specific context, see expert evidence across the UK. The register does not determine legal issues or provide legal advice.

Report routes

Reports commonly considered

Screening and merits reports and breach and causation reports provide distinct forms of evidence. Their scope should follow the issues, available records and the questions put to the expert.

Directory search

Clinical negligence listings

Questions answered

Frequently asked questions

Which disciplines are instructed in clinical negligence cases?

The discipline follows the question in issue - breach, causation, condition or future needs - and clinical negligence cases often need more than one to tell the whole story. This page maps the specialties most commonly instructed, each opening the register already filtered, so a shortlist is one click away.

Can one expert deal with both breach and causation in a clinical negligence case?

Sometimes, where both questions sit within a single specialty - but courts expect an expert to stay within their own expertise, so the two are often split across disciplines. The disciplines mapped above reflect the usual division of labour for this claim type.

What must a clinical negligence expert report comply with?

In England and Wales, CPR Part 35 and its Practice Direction: the expert's qualifications, the material relied on, the basis of each opinion, the range of reasonable opinion where it exists, and the statement of truth. The other UK jurisdictions impose equivalent requirements, and the report follows the forum it is written for - a CICA application, a redress scheme or the Court of Protection each expect their own format.

Can an addendum or supplementary report be requested as the case develops?

Yes - new records, Part 35 questions or a changed prognosis are routinely dealt with by addendum rather than a fresh instruction, and continuity with the original expert is usually the efficient route. The register's report-type pages cover the formats, from screening and records review through to joint statements and addendum reports.