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Medical negligence expert witnesses.

Breach of duty reports from the specialty whose care is criticised, and causation, condition and prognosis reports from the appropriate specialty for each issue. Send the allegations and the dates of care. The search is free, and you see each expert’s fee before you instruct.

0121 752 6061 info@medicalexpertsforlawyers.co.uk

I need for case.

What you get for a negligence claim.

Start with the allegations and the dates of care.

Breach and causation together

If you are not sure which specialty causation needs, describe the missed diagnosis or delay, and we will suggest the experts for breach and causation, each with a CV, fee and availability.

For either side

We find experts for claimants and defendants, and we check experts for registration and insurance.

Through to the report

A named case manager arranges any examination and manages the instruction through to delivery of the report. Reports usually take 1 to 2 weeks, or 2 to 3 days when urgent. Timescales are estimates and depend on expert availability, the appointment and receipt of the relevant records.

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Three questions, often three experts.

The Pre-Action Protocol for the Resolution of Clinical Disputes recognises that separate expert opinions may be needed on breach of duty, on causation and on the patient’s condition and prognosis (para 4.1).

Breach of duty

Did the care fall below the standard of a responsible body of practitioners in that specialty at the time? An expert from the same specialty as the clinician answers it.

Causation

Would proper care, on the balance of probabilities, have avoided the injury or changed the outcome? A different specialty often answers it.

Condition and prognosis

What is the claimant’s condition now, and the outlook? See condition and prognosis reports.

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Which expert for which allegation.

The breach expert should share the specialty of the clinician whose care is criticised.

Care criticisedBreach expertSee
A GP’s diagnosis, referral, prescribing or consentGP expertGP expert witnesses
Hospital care of adults: sepsis, blood clots, deterioration, dischargeAcute and general medicine expertAcute and general medicine
Fracture care, joint replacement and spinal surgeryOrthopaedic surgeonOrthopaedic expert witnesses
A paediatrician’s care of a childPaediatricianPaediatric expert evidence
Mental health care, including risk and dischargePsychiatristPsychiatric expert evidence
Stroke and other neurological diagnosesNeurologistNeurological evidence

For another specialty, such as obstetrics, radiology, haematology or nursing care, tell us in the enquiry and we will find an expert in it.

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Breach of duty.

The breach expert gives an opinion on whether the care accorded with a practice accepted as proper by a responsible body of medical opinion (Bolam); in a rare case, the court may reject an opinion that cannot withstand logical analysis (Bolitho). The same professional practice test decides which reasonable alternative treatments had to be considered (McCulloch v Forth Valley Health Board [2023] UKSC 26, paras 1 and 78). On consent, the question is whether reasonable care was taken that the patient knew of any material risks and of reasonable alternatives (Montgomery v Lanarkshire Health Board [2015] UKSC 11, para 87).

Both Supreme Court cases were Scottish appeals. In Scotland the test comes from Hunter v Hanley 1955 SC 200, which the Supreme Court described as consistent with Bolam (McCulloch, para 1).

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Causation.

The usual question is whether, but for the breach, the injury would not have happened, decided on the balance of probabilities. Where several causes combine, a breach that made a material contribution to the injury may be enough (Williams v Bermuda Hospitals Board [2016] UKPC 4, paras 39 and 42).

Causation often needs a different expert from breach: the specialty that would have treated the patient if they had been diagnosed or referred in time.

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Before you issue a claim.

The Clinical Disputes Protocol sets the timetable before you issue, and the expert evidence has to fit into it.

StepWhat the protocol saysPara
Letter of claimIt gives the discipline of any expert whose evidence has already been obtained3.16
Pre-action reportsReports obtained before proceedings can be used in them only with the court’s permission4.4

If limitation is near, say so in the enquiry: an early screening opinion can fix the date of knowledge (Limitation Act 1980, s14(3)).

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Across the UK.

We find experts for negligence claims in Scotland and Northern Ireland too. Tell us where the care was given.

England and Wales

  • Bolam and Bolitho, the Pre-Action Protocol for the Resolution of Clinical Disputes and CPR Part 35

Scotland

  • Breach judged by Hunter v Hanley, with Montgomery and McCulloch applying
  • The expert gives evidence as a skilled witness
  • The sheriff court personal injury protocol excludes clinical negligence claims

Northern Ireland

  • The expert reports to the rules of the Northern Ireland court hearing the claim
  • Limitation under the Limitation (Northern Ireland) Order 1989
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Questions about clinical negligence evidence.

For anything else about your case, call us.

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How much does a breach of duty report cost?

You see each expert’s fee with their CV before you instruct, and the search is free. The volume of records drives the fee, so tell us roughly how much there is.

Can you find the breach and causation experts for the same claim?

Yes. Tell us the allegations, and you get a CV, fee and availability for each expert.

Does the Bolam test still apply?

Yes: the Supreme Court restated it in McCulloch [2023] UKSC 26, with Bolitho and Montgomery alongside. The tests are set out above.

Who should be the breach of duty expert?

An expert in the same specialty as the clinician whose care is criticised, judging the care by the standards of the time. Causation may need a different specialty.

Who defends a clinical negligence claim?

In England, NHS Resolution, under the Clinical Negligence Scheme for Trusts, for claims against member NHS bodies; for NHS general practice, see GP expert witnesses. In Wales, NHS Wales Shared Services Partnership, Legal and Risk Services, which advises and represents NHS Wales bodies. In Scotland, the Central Legal Office of NHS National Services Scotland, with NHS boards covered by CNORIS. In Northern Ireland, the Clinical Negligence Team of the Directorate of Legal Services, part of the Business Services Organisation.

Are there fixed recoverable costs in clinical negligence?

Only on the intermediate track, where the defendant admits liability in full in the letter of response without a limitation defence (CPR 26.9(10)(b)), for causes of action accruing on or after 1 October 2023 (CPR Part 45). The proposed scheme for claims up to £25,000 is not in force.

Can a pre-action report be used once proceedings start?

Only with the court’s permission (Clinical Disputes Protocol, para 4.4; CPR 35.4(1)).

Send the case. We find the experts.

  • The type of caseFamily, personal injury, criminal, immigration, employment…
  • The specialty, or the issuesIf you are not sure who you need, describe the medical questions
  • The court or tribunalAnd any directions already made about expert evidence
  • Your deadlineHearing, filing or limitation date
  • How the case is fundedLegal aid, private, CFA or insurer
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Tell us your deadline.

We send you the CVs, fees and availability of experts who can meet it.

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