ABSTRACT
The court requires the assistance of the expert witness in cases of medical malpractice and personal injury litigation. The medical expert provides an opinion in personal injury and medical malpractice cases. In the case of personal injury one report is required; for medical negligence purposes two reports are necessary, a condition and prognosis report, and a second separate report on causation and liability. The medical expert witness who regularly engages in this type of work will be confronted by this problem from time to time. Solicitors representing claimants usually instruct the expert, and insurance companies request opinions on behalf of defendants. It is important that medical experts should be familiar with the legal principles involved in medical negligence litigation. In personal injury cases, it appears not to be normal practice for the medical experts to meet before trial. The nature of these cases is that in the vast majority medical evidence can be agreed, with an obvious saving on costs.
