header-logo header-logo

02 June 2017 / Giles Eyre , Linda Monaci
Issue: 7748 / Categories: Features , Expert Witness , Profession
printer mail-detail

Causation: an expert’s guide

nlj_7748_monaci

Giles Eyre & Dr Linda Monaci discuss the challenges of completing complex medico-legal reports

  • Clinical experts must be aware of the applicable legal principles in their medico-legal practice and must apply them in providing opinion.
  • Lawyers must direct experts in their instructions.
  • A neuropsychological case study.

For medical experts one of the most difficult areas to address, and to communicate, in civil claims is that of causation. For lawyers too medical causation is difficult—it is frequently difficult to discern where the medical expert stands in terms of the applicable legal tests. Particular difficulty is experienced where there is a pre-existing condition impacting on deficits caused by the index event.

Experts must be fully aware of the legal principles and be able to apply them when writing reports so that their opinions are meaningful to the lawyers and the court in determining the value of a claim, while lawyers must be able to guide the expert to provide useful opinion on causation.

This article illustrates appropriate application of the legal principles in a case arising out of a claim for damages for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll