Any specialist fee earner working in clinical negligence will want to be very careful about where the medical records are sent for collation. Often the collator is the first person to review the records in detail. It’s essential that the records are put in the correct order, with a clear index, right from the start […]
The Bolam test for clinical negligence is that a healthcare professional is negligent only if they failed to act in accordance with a responsible body of relevant professional opinion. But it is never sufficient for a defendant to defend a claim simply by calling an expert to say that they would have acted in the […]
Contrary to popular belief, the number of people who bring clinical negligence claims is relatively small. While no figures are available for the number of medical mistakes each year, they are thought to be very high. An estimate in 2000 put the figure at 850,000. If that was anywhere near true it would be higher […]
What does independence mean? Expert witnesses are required to be independent and impartial. The Civil Procedure Rules (CPR) say, “Expert evidence should be the independent product of the expert uninfluenced by the pressures of litigation” and “Experts should assist the court by providing objective, unbiased opinions on matters within their expertise, and should not assume […]
In a 1993 shipping case known as The Ikarian Reefer[i], Mr Justice Cresswell set out what is regarded as the classic statement of the duties and responsibilities of expert witnesses. These principles have been endorsed by the Courts in other cases and are largely reflected in the Civil Procedure Rules 1998. These are the principles. […]
Khan v MNX[1] A decision of the Court of Appeal of Khan v MNX considered the right approach in wrongful birth cases. It also throws light on the scope of a doctor’s duty to a patient. The facts A GP gave negligent advice to a patient. He told her that, according to blood tests, she […]