Blog - Page 14 of 17 - Medico Legal Healthcare

Clinical Negligence and joint expert evidence

September 23, 2025

Forensic Psychologists or Clinical Psychologists Working in Forensic Settings: Who to Instruct?

When a legal case involves questions around mental health, risk, capacity, or behaviour, solicitors often turn to psychologists for expert opinion. But the question arises: should you instruct a forensic psychologist, or a clinical psychologist working in a forensic setting? The answer is not always straightforward, and understanding the distinction—and overlap—between these roles is essential to making...

September 22, 2025

Mental Capacity Assessments: The Significance of the Diagnostic Test

Mental capacity assessments play a crucial role in determining an individual’s ability to make decisions about their own life, health, and finances. These assessments are particularly significant in medical, legal, and social care settings, where decisions may have profound implications for autonomy and wellbeing. Central to the assessment process is the diagnostic test, which helps establish...

Expert Witness Training for Healthcare Professionals

September 19, 2025

To Train or Not to Train: Legal Obligations and Duties When Becoming an Expert Witness

Becoming an expert witness is an increasingly attractive option for many healthcare professionals, particularly those with specialist knowledge in clinical psychology, neuropsychology, or psychiatry. It offers a way to apply clinical expertise in a new setting, influence the outcome of legal cases, and provide clarity on complex issues. But with this opportunity comes a pressing...

Expert Witness and the instructing solicitors

September 18, 2025

The Relationship Between Expert Witnesses and Their Instructing Solicitor(s): The Importance of Compromise

The relationship between an expert witness and their instructing solicitor is a vital part of the medico-legal process. It’s a professional partnership that relies on mutual respect, clarity of communication, and—importantly—a shared understanding of roles and responsibilities. At its best, this relationship allows complex issues to be clearly explained, fairly examined, and justly resolved. But...

September 17, 2025

Assessing Capacity to Litigate: How and When to Involve the Solicitors

In medico-legal practice, assessing an individual’s capacity to litigate is a critical step when questions arise about their ability to understand and engage in legal proceedings. This is especially relevant in cases involving acquired brain injury, cognitive impairment, mental illness, or developmental disorders. While the assessment is typically carried out by a clinician—such as a...

September 16, 2025

Instructing Multidisciplinary Teams to Provide Expert Witness Opinions: Pearls and Pitfalls

In complex medico-legal cases—such as those involving acquired brain injury, neurological disorders, or long-term disability—it is often necessary to obtain expert opinions from multiple healthcare disciplines. Whether solicitors choose to instruct each expert separately or as a jointly instructed multidisciplinary team (MDT), both approaches offer distinct advantages and potential drawbacks. Understanding how to instruct an...

Clinical and Educational Psychologists as neuropsychology experts

September 15, 2025

Clinical Psychologists and Educational Psychologists as Neuropsychological Experts: When Do You Need Them?

In complex cases involving neurological, cognitive, or developmental concerns, clinical and educational psychologists can play a vital role as neuropsychological experts. Their assessments and insights can help clarify cognitive functioning, emotional wellbeing, and learning needs, providing crucial evidence for medical, educational, or legal decision-making. But knowing when to involve these professionals can be challenging. In...

Critical care nurse in medico-legal disputes

September 11, 2025

Critical Care Nurse Specialists in Medico-Legal Cases: Interpreting ICU Records and Escalation of Care

When medico-legal disputes arise from intensive care treatment, the expertise of critical care nurse specialists can be decisive. These highly trained professionals understand not only the technical delivery of care in the most acute settings but also the importance of timely documentation and escalation of concerns. As expert witnesses, they help courts and legal teams...

September 10, 2025

Neuropsychiatrists as Expert Witnesses: In Fitness to Plead and Criminal Responsibility Cases

In criminal proceedings, courts are often faced with complex questions about whether a defendant is capable of standing trial or whether their mental health condition influenced their behaviour at the time of an alleged offence. These questions go beyond legal definitions and require specialist medical expertise. Here, the role of the neuropsychiatrist as an expert...

September 9, 2025

Safeguarding Mothers and Infants: Midwives as Expert Witnesses in Medico-Legal Disputes

Midwives play a central role in maternity care, guiding mothers and infants safely through pregnancy, birth, and the postnatal period. Their work often extends beyond routine clinical monitoring to safeguarding both physical and emotional wellbeing. In medico-legal disputes, particularly those involving allegations of negligence, maternal death, or infant harm, the expertise of midwives as expert...