Photo by Pixabay via Pexels The Legal and Clinical Scope of Prognosis In obstetric clinical negligence litigation, the condition and prognosis report is a fundamental component of the expert evidence portfolio. Unlike breach of duty reports, which focus on the retrospective analysis of care against established standards, the prognosis report assesses the future trajectory of…
Photo by Anna Shvets via Pexels Clinical Documentation and the Evidentiary Foundation In personal injury and clinical negligence litigation involving suspected neurological injury, the quality of expert evidence often relies on the completeness and chronological organisation of the underlying clinical records. For the instructing solicitor, establishing an evidentiary narrative requires a methodical approach to identifying…
Photo by cottonbro studio via Pexels In clinical negligence and personal injury litigation, the distinction between a neurologist and a neurosurgeon is often significant for the quality of expert evidence provided to the court. When assessing spinal injury claims, solicitors should consider whether the alleged index events fall primarily within the remit of conservative neuro-diagnosis…
Photo by Anna Shvets via Pexels In clinical negligence litigation, claims involving cerebral palsy present significant challenges regarding the distinction between avoidable intrapartum events and pre-existing fetal physiology or non-negligent antenatal factors. Understanding the interplay between obstetric, neonatal, and neurological evidence is essential for solicitors to assess the viability of a claim and to ensure…
Photo by Anna Shvets via Pexels In personal injury and clinical negligence litigation, claims involving persistent, non-specific pain present significant challenges in distinguishing between objective physiological pathology and clinical prognosis. Establishing legal causation requires an expert to bridge the gap between a demonstrable index event—such as a traumatic injury or surgical complication—and the subsequent development…
Photo by Tima Miroshnichenko via Pexels In inquest proceedings, the pathological assessment of the deceased serves as a primary scientific foundation for the Coroner’s determination of the medical cause of death. For legal practitioners engaged in clinical negligence claims arising from or following an inquest, the utility of this evidence often extends into the civil…
Photo by cottonbro studio via Pexels The Framework of Expert Evidence In civil litigation, the quality and structure of expert evidence determine whether a claim remains viable. Solicitors, barristers, and insurers rely on experts to translate complex clinical events into evidence that addresses the legal tests of breach of duty and causation. A well-structured report…
Photo by cottonbro studio via Pexels The Clinical Interface and Professional Roles In clinical negligence litigation arising from intrapartum injury, the division of evidence between midwifery and consultant obstetric experts is a frequent source of procedural complexity. Establishing the chain of causation often requires a granular assessment of the division of labour between roles, particularly…
Photo by cottonbro studio via Pexels The Montgomery Framework and Information Disclosure Since the judgment in Montgomery v Lanarkshire Health Board [2015] UKSC 11, the legal test for consent has shifted focus from the Bolam standard of what a reasonable body of medical opinion would disclose, to what a reasonable person in the patient’s position…
Photo by cottonbro studio via Pexels The Lock Review and Clinical Negligence: Collaborating on Causation with Scientific and Medico-Legal Experts In clinical negligence litigation, causation disputes often hinge on the interplay between scientific principles and clinical practice. The Lock Review, commissioned by the UK government to examine scientific evidence in the justice system, has highlighted…
