Written on
August 20, 2019

Failure in Expert Witness leads to landmark case

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Failure in Expert Witness leads to landmark case

A recent landmark case recovering third party costs

Costs were recovered from an expert consultant surgeon in light of evidence provided in a clinical negligence case, 'Thimmaya -v- Lancashire NHS Foundation Trust'. An Expert needs to understand the tests applied in breach of duty clinical negligence cases. The conclusion of this landmark case, where costs of the failed case were ordered to be paid by the Expert, highlights the importance of Expert Witness Training and a good understanding of the tests applied in determining 'breach of duty' in clinical negligence cases.

The potential consequences for those experts not away of their duties to the court are potentially substantial.

Clinical negligence experts must know and apply the appropriate tests when providing an opinion

Experts may well be challenged over their expertise and relevant experience. Experts should understand their overriding duties to the CourtIf an expert is unable to fulfil his or her commitments then they have a duty to notify the solicitors as soon as possible. Our experts understand their commitment to solicitors and their duty to the Court in understanding all that is required when providing an expert opinion. Our professional registrations and legal training allows us to keep p to date both clinically and from legal perspective.

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