Learning points:

• You may be criticised if you have taken no steps to ensure that you are provided with the subject’s medical records.

• Record verbatim the subject’s complaints, set out the subject’s history in the report, retain the record of the consultation and be prepared to disclose that record if, for example, there is an issue as to whether a particular complaint was made and / or discussed.

• Provided with a witness statement which refers to specific injuries, their examination should be part of the examination.

• A remote consultation limits the scope of a physical examination.

• If a case is adjourned in order for an expert to consider matters omitted from their report, the addendum report should address the omissions.

• It should be clear whether the expert has seen medical records and, if so, which and in relation to which period of time.   

• It is inadvisable, especially at a late stage in the proceedings, to address an issue which is not an issue in the case.

• Introducing unsolicited evidence seemingly supportive of your instructing party’s case and without considering alternative views as to its significance, which might not be supportive of the subject’s case, risks being suspected of a lack of objectivity and partisanship.

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