Uncategorized Archives

Ethical Considerations in Medico-Legal cases

September 26, 2025

Three Current Ethical Debates in Civil Case Litigation: A Medico-Legal Perspective

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...

September 25, 2025

When to Instruct a Musculoskeletal vs Neurological Physiotherapist in Civil Litigation Cases

Physiotherapy plays a vital role in many personal injury and clinical negligence claims—both in supporting recovery and in informing the medico-legal process. But not all physiotherapists are the same. Within the profession, there are distinct areas of specialism, and understanding when to instruct a musculoskeletal (MSK) physiotherapist versus a neurological physiotherapist can make a significant...

Training in CPR for Healthcare Professionals

September 24, 2025

Why Training in Civil Procedure Rules from a Barrister Specialising in Personal Injury and Clinical Negligence Is Unique

For healthcare professionals working in the medico-legal field, a solid understanding of the Civil Procedure Rules (CPR) is essential. These rules govern how legal cases are conducted in the civil courts of England and Wales, including timelines, evidence requirements, and the duties of expert witnesses. However, not all CPR training is created equal. When that...

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...