Understanding the Role of Independent Clinical Evidence
Clinical expert evidence assists courts and legal professionals in understanding healthcare practice, professional responsibilities and relevant standards of care.
Reasoning, balance and candour
An expert opinion should explain not only the conclusion reached but also the evidence and clinical reasoning supporting that conclusion.
Where different professional opinions may reasonably exist, a balanced assessment should acknowledge those differences.
Where the available evidence does not permit a definitive conclusion, that uncertainty should be stated.
Who can instruct you?
Solicitors acting for claimants or defendants, insurers and other organisations requiring independent healthcare expert opinion.
Is the expert’s duty to the instructing party or the court?
The expert’s overriding duty is to the court. Opinions are independent and are not influenced by which party instructs.
What if a question falls outside your expertise?
Where a matter falls outside professional competence, including specialist medical diagnosis or complex medical causation, the need for an appropriately qualified specialist will be identified.
What records are needed?
The clinical records and supporting evidence required are identified once the initial enquiry and conflict check are complete.
Topics explored
Understanding healthcare litigation
Breach of duty in nursing practice
Clinical governance and patient safety
Common issues in urgent care complaints
The role and responsibilities of an independent expert witness
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These articles provide general professional information and do not constitute legal advice or an expert opinion on any individual case.
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