The Digital Footprint: An Overlooked Source of Expert  Evidence — Lessons from Shaheen and... The Digital Footprint: An Overlooked Source of Expert Evidence — Lessons from Shaheen and...

The Digital Footprint: An Overlooked Source of Expert Evidence — Lessons from Shaheen and...

Modern digital systems generate a detailed electronic footprint, including timestamps, document revisions, communications, task completion, and other...

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Downes v Ostrowicka 118DC085
Case Updates

Downes v Ostrowicka 118DC085

The Claimant brought a claim in negligence against the Defendant, a dental practitioner, about the Defendant’s alleged failure to provide her with adequate advice about the risks and benefits of the treatment options available to her. The Claimant’s expert lacked understanding of the Bolam test, had not considered the dental notes, and was forced to make significant concessions in the joint report.

The Digital Footprint: An Overlooked Source of Expert  Evidence — Lessons from Shaheen and Ahmed v Daish  [2025] EWHC 3056 (KB)
Case Updates

The Digital Footprint: An Overlooked Source of Expert Evidence — Lessons from Shaheen and Ahmed v Daish [2025] EWHC 3056 (KB)

Modern digital systems generate a detailed electronic footprint, including timestamps, document revisions, communications, task completion, and other system-generated metadata. These audit trails can provide an objective chronology of events that extends beyond the primary documentary record.

In Shaheen and Ahmed v Daish, the electronic audit trail demonstrated that elements of the management plan, including the chest X-ray request, were completed after the consultation had ended. While entirely consistent with routine clinical workflow, this chronology became legally significant because it supported the inference that there was no contemporaneous evidence that the patient had been informed about the investigation or how to access it.

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