Medico Legal Healthcare
Ethical Considerations in Medico-Legal cases

Civil litigation has always operated at the intersection of law, medicine, and ethical considerations—but as the landscape evolves, so do the challenges faced by legal and healthcare professionals involved in personal injury and clinical negligence claims. From concerns about impartiality to the increasing role of technology, today’s medico-legal experts are navigating a more complex ethical terrain than ever before.

While the Civil Procedure Rules (CPR) offer structure and clarity on expert duties, some areas remain open to interpretation and debate. Here, we explore three current ethical issues shaping discussions in the field of civil litigation—and why they matter for healthcare professionals working as expert witnesses.

1. The Blurred Line Between Advocacy and Objectivity

One of the most enduring ethical tensions in medico-legal work is the risk of expert partisanship. While Part 35 of the CPR clearly states that expert witnesses owe their duty to the court, not to the party instructing them, concerns still arise about whether some reports or experts cross the line into advocacy.

In practice, this often becomes an issue of tone or inference—where the language of a report may appear subtly aligned with the claimant’s or defendant’s narrative. Experts may, intentionally or not, frame their findings in a way that supports the instructing solicitor’s position, particularly in high-value or contentious cases.

Why it matters:
Courts rely on expert impartiality to deliver fair outcomes. A biased report can damage the credibility of the expert, influence judicial decisions unfairly, or even lead to miscarriages of justice. For clinicians, the challenge lies in maintaining objectivity—especially when empathising with a vulnerable claimant or feeling pressured by instructing parties.

2. The Ethics of Surveillance and Social Media Evidence

With the rise of digital technology, it is increasingly common for defendant solicitors to use surveillance footage or social media content to challenge a claimant’s account of their injury or functional limitations. This raises significant ethical questions:

  • Is it fair to use footage gathered covertly or outside the context of clinical assessment?
  • Should social media be admissible as evidence if it doesn’t reflect the full reality of someone’s daily experience?
  • How should experts respond when asked to comment on such material?

Why it matters:
Experts may be asked to interpret this kind of evidence and reconcile it with clinical findings. Ethically, they must consider the reliability, context, and potential bias of the materials—while remaining sensitive to how such evidence was obtained. There’s also a broader concern about the surveillance culture creeping into personal injury litigation, and its potential to undermine trust and privacy.

3. The Use of AI in Case Preparation and Reporting

Artificial intelligence (AI) is beginning to enter the legal and healthcare spheres in subtle but significant ways. From drafting documents to summarising clinical data or even predicting case outcomes, AI tools are being explored to increase efficiency in case preparation. But what happens when this technology intersects with expert evidence?

Should experts rely on AI-generated data or interpretations in forming clinical opinions? If AI is used in drafting medico-legal reports, where does the responsibility lie for errors, omissions, or biases in the final product?

Why it matters:
The use of AI introduces complex ethical questions around authorship, accuracy, confidentiality, and accountability. Experts must ensure that any technology used in their practice does not compromise the integrity of their evidence—and that all opinions are genuinely their own, based on their professional judgment and expertise.

At Medico-Legal Healthcare, we recognise that ethical awareness is just as important as clinical skill in expert witness work. That’s why we support our professionals to stay informed about evolving challenges in civil litigation—from maintaining objectivity to navigating the impact of technology. Through training, mentoring, and open discussion, we help experts uphold the highest standards of integrity, ensuring their contribution to the legal process is both ethical and effective—no matter how complex the landscape becomes.