Sidney Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488... Sidney Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488...

Sidney Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488...

The Claimant’s father and litigation friend alleged that the medical practitioners treating his son were negligent in not promptly carrying out...
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...
Access to Public Domain Documents Pilot will launch on the 1st January 2026 Access to Public Domain Documents Pilot will launch on the 1st January 2026

Access to Public Domain Documents Pilot will launch on the 1st January 2026

From 1 January 2026, the Civil Procedure Rule Committee will be piloting access to public domain documents in the Commercial Court and London Circuit...
An unsatisfactory forensic medical report An unsatisfactory forensic medical report

An unsatisfactory forensic medical report

The appellant is a citizen of Iraq. He appealed against the decision of a First-tier Tribunal Judge who dismissed his appeal against the...
Sir Michael Davies Lecture 2025: Lady Simler, Enhancing Expert Evidence: Reports,... Sir Michael Davies Lecture 2025: Lady Simler, Enhancing Expert Evidence: Reports,...

Sir Michael Davies Lecture 2025: Lady Simler, Enhancing Expert Evidence: Reports,...

The Annual Sir Michael Davies Lecture for 2025 was held on 15 October at the RAF Club in London. The Right Honourable Lady Simler, Justice of the...
Patricia Andrews & Ors v Kronospan Limited [2025] EWHC 2429 (TCC) Patricia Andrews & Ors v Kronospan Limited [2025] EWHC 2429 (TCC)

Patricia Andrews & Ors v Kronospan Limited [2025] EWHC 2429 (TCC)

The Claimants alleged that dust, noise and odour emitted by the defendant’s factory over a prolonged period constituted a legal nuisance. The...
A Day in the Life of a Speech and Language Expert Witness A Day in the Life of a Speech and Language Expert Witness

A Day in the Life of a Speech and Language Expert Witness

Julie Andrews is a consultant Speech and Language Therapist providing assessments for Special Educational Need (SEND) tribunals and writing...
Podcast Episode 17: Wellbeing and Resilience as an Expert Witness Podcast Episode 17: Wellbeing and Resilience as an Expert Witness

Podcast Episode 17: Wellbeing and Resilience as an Expert Witness

October 10th is World Mental Health Day and in this month's episode of the Expert Matters Podcast, we look at the issue of wellbeing and...
A Day in the Life of a Jewellery and Gemstone Expert Witness A Day in the Life of a Jewellery and Gemstone Expert Witness

A Day in the Life of a Jewellery and Gemstone Expert Witness

Dr Richard Taylor is an Expert in the identification, verification and valuation of diamonds, gemstones, jewellery, watches, silver and antiques. He...
Podcast Episode 16: CV Writing Podcast Episode 16: CV Writing

Podcast Episode 16: CV Writing

In the 16th episode of the Expert Matters Podcast, Simon and Sean, discuss CV Writing. We look at the purpose of expert CVs, the rules and...
Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness... Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

In the 15th episode of the Expert Matters Podcast, Simon and EWI's Membership Manager, Will Watkis, discuss the power of EWI membership and the...
A day in the life of an Accommodation Expert Witness A day in the life of an Accommodation Expert Witness

A day in the life of an Accommodation Expert Witness

Marisa Shek is a Healthcare Architect and owner of Shek Architects. As an Expert Witness, she specialises in the field of accommodation for disabled...

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 1679

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.