Ms Julia Tosh v Mr Vivek Gupta [2025] EWHC 2025 (KB)

 

Summary

The Claimant brought a claim of clinical negligence after suffering a rare but serious complication (anal stenosis) of an operation performed by the Defendant to surgically remove her haemorrhoids. The judge found that the evidence of the Claimant’s expert was based on limited experience or expertise. There were also several instances where he had not acted in accordance with his duties as an expert.

Learning points

Leaning points for experts

• Expert witnesses are under a duty to assess the arguments of both sides and weigh them up fairly. It may damage or even be fatal to your evidence if you do not engage with the arguments of the opposing side.

• You risk losing credibility if you refuse to admit when you have changed your opinion or make reasonable concessions when you have been shown to have been wrong.

Learning points for instructing parties

• Ensure that the experts you instruct in a clinical negligence case have sufficient expertise and recent experience to identify the standard of a reasonably competent practitioner at the time of the index events.

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