In any personal injury and clinical negligence claim when you experience a bad treatment and/or negligence and so, need a legal help, the role of an expert is of extreme importance because it is considered by the Court in evaluating damages and the amount of damages, if applicable, that should be paid by a defendant. Therefore getting the right expert from the beginning is important to ensure that the claimant gets the best opportunity to prove their case and secure the right level of damages. And so, any expert’s instruction should be given a careful consideration. Their witness should be set out clearly and should address all the issues that the Court is expected to give an opinion on.
An expert’s duty is to stick to the rules set out in the CPR (Civil Procedure Rules). Their duty is towards the court regarding commenting on issues that are within their expertise and not towards the party directing them and they should not comment on issues that don’t come under their expertise. The role of experts is to help the court in a manner that the Judge can listen to the evidence with a clarification, on issues that are out of her/his own knowledge. Therefore having the right expert whose explanation can be relied upon by the court is very important for getting success in the trial. Without such reliable and convincing evidence, you may almost lose the case.
It is also important that the expert you have hired for the job is still practising in the same area of expertise because that will ensure that her/his knowledge and experience is up to date. And it’s even better if the experts are accustomed to court processes and giving evidence at trials. So, they know what the court expects from them and they may prove to be a determining factor of the case.
There are clear instructions in CPR regarding what should be included in the expert’s report. It includes what material has been considered by the expert to form their opinion and why they have formed their opinion.
If the expert fails to fulfill the requests for details or causes a delay in the case, the party may have to suffer cost consequences or even worse, the court may declare the expert witness unreliable. Therefore the experts should understand the importance of timings all through the court process and they should know what is expected from them at each of the stages of the process.
GMS & Associates Ltd. is specilised in providing medical witness in personal injury and clinical negligence and covers all parts of injury, like extremely severe cases such as brain injury, amputation and spinal cord injury and assessment of support required upon the loss of a family member. Visit their site to understand how efficiently they do their job.