Quarterly Update on EWI's Advocacy Work Quarterly Update on EWI's Advocacy Work

Quarterly Update on EWI's Advocacy Work

One of the key roles of the Expert Witness Institute (‘EWI’) is to ensure that policy, rule and regulatory changes are informed by the...
A Day in the Life of a Veterinary Expert Witness A Day in the Life of a Veterinary Expert Witness

A Day in the Life of a Veterinary Expert Witness

Veterinary surgeon, Jeremy Stattersfield, has been guiding courts on veterinary medicine since 1981. He told us how he got into the Expert Witness...
Podcast Episode 21: Responding to Written Questions Podcast Episode 21: Responding to Written Questions

Podcast Episode 21: Responding to Written Questions

In January's episode of the Expert Matters Podcast, we discuss responding to written questions. We look at the rules and regulations, discuss a...
LMN v Swansea Bay University Health Board [2025] EWHC 3402 (KB) LMN v Swansea Bay University Health Board [2025] EWHC 3402 (KB)

LMN v Swansea Bay University Health Board [2025] EWHC 3402 (KB)

The claimant, who suffered brain damage at birth, relied on a report commenting on the allegation of negligence prepared by Mrs S, a midwife. The...
The first-time expert The first-time expert

The first-time expert

The details of this case are for gastroenterologists and psychiatrists. The learning points are of general application and although made by an expert...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Judicial analysis of written expert healthcare evidence
Keith Rix 1954

Judicial analysis of written expert healthcare evidence

byKeith Rix

 

Commentary

This is an important judgment for experts who prepare personal injury reports in the Republic of Ireland but also for all experts, in all of the jurisdictions in the British Isles, for its description of the judicial analysis of expert evidence. It deals with procedure in Ireland for the instruction of specialist medical experts through plaintiffs’ general practitioners.   

The judgment includes an extract from McGrath’s Evidence (3rd edn, 2020) about how the weight of expert evidence is tested by the court. Most of the factors enumerated can be used to form a useful framework for the case-based discussion of an expert report in peer review. 

The judgment includes some implicit criticism of two of the experts but, as the judge acknowledged, his evaluation of the medical evidence had been complicated in the absence of oral evidence. 

Learning points:

A healthcare expert approached by a solicitor acting for a plaintiff in personal injury litigation in Ireland ought not accept instructions without first asking if the plaintiff’s general practitioner has either refused to refer the plaintiff to a healthcare specialist or has failed within 21 days to respond to a request to do so. In the event that this is not so, it is likely that the solicitor will explain why a direct referral is being made to the expert.

It is appropriate for a healthcare expert to adopt an attitude of professional scepticism in their assessment of the subject of their report.

A bald assertion that preexisting problems were aggravated by approximately x% is not enough. Such an opinion calls for an analysis of the evidence upon which it is based.

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.