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Part 35 Questions to Experts – Lessons from a recent case

Part 35 Questions to Experts Lessons from a recent case ~ by Paul Sankey, Enable Law The Civil Procedure Rules 1998 (‘CPR’) entitle one party to put questions to another party’s expert. This provision is not used as often as one might expect. A recent application in Mustard v Flower and others[1] throws some light…Read Article

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Recording consultations with medical experts. Is the evidence admissible?

Recording consultations with medical experts. Is the evidence admissible? ~ by Paul Sankey, Enable Law A recent case raised the issue of whether covert recordings of consultations with medical experts should be allowed as evidence. This was evidence obtained improperly or unfairly but nevertheless of probative value. The Claim In January 2014 the claimant was…Read Article

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Swearing on Oath

Swearing on Oath ~ by Nigel Poole, QC In the latest of a number of High Court judgments in which judges have strongly criticised an expert witness in the case, Mr Justice Martin Spencer has taken a Consultant Neurosurgeon to task in Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB). At paragraphs…Read Article

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Ten Point Checklist for Finalising Expert Reports for Exchange

Ten Point Checklist for Finalising Expert Reports for Exchange ~ by Simon Fox QC The recent case of Arksey v Cambridge University Hospitals 2019 EWHC 1276 QB is a useful reminder of the pitfalls of finalising expert reports for disclosure. The Judge criticised the Claimant’s expert neurosurgeon, Mr Sandeman, in a number of respects, most…Read Article

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Opening Imaging CDs – Clinco

Opening Imaging CDs – Clinco ~ by Sarah Wallace Opening imaging discs is a constant bugbear for those involved in clinical negligence cases. At the recent Inspire MediLaw Summer Conference experts and clinical negligence solicitors alike expressed their frustration about this very issue. CDs are not a very suitable method of storing large complex graphic…Read Article

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Medical Records Collation – Clinco

Medical Records Collation – Clinco ~ by Sarah Wallace 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…Read Article

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Why Do People Bring Clinical Negligence Claims?

Why Do People Bring Clinical Negligence Claims? ~ by Paul Sankey, Enable Law Contrary to popular belief, the number of people who bring clinical negligence claims is relatively small. Whilst 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…Read Article

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Witness Evidence: Is It Just One Person’s Word Against Another’s?

Witness Evidence: Is It Just One Person’s Word Against Another’s? ~ by Paul Sankey, Enable Law Where there is a dispute of facts, people often think it is just one person’s word against another’s. In reality, most of the time it is not. Clinical negligence cases do not normally depend on what witnesses of fact…Read Article

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Spinal Surgery and Lack of Informed Consent

Spinal Surgery and Lack of Informed Consent ~ by Paul Sankey, Enable Law Tracy Hassell v Hillingdon Hospitals NHS Foundation Trust [2018] EHWC 164 (QB) The nature of doctors’ duties in advising and obtaining consent to medical treatment changed with the Supreme Court’s decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11. Since then…Read Article