Case Updates

Clicking on one of the topics below will display case updates relevant to that topic. You can also use the search bar below to identify case updates.

Cardiotocograph – normal or abnormal
Case Updates

Cardiotocograph – normal or abnormal

This case is primarily of interest to obstetricians, illustrating the court’s approach to the disputed interpretation of cardiotocographic evidence. There were no midwifery issues as such, but it may be of some interest to midwifery experts. The general learning points speak for themselves without reading the summary.

Woods v Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust [2024] EWHC 1432 (KB)

Kirk v Culina Group Ltd [2024] EWHC 1431 (KB)
Case Updates

Kirk v Culina Group Ltd [2024] EWHC 1431 (KB)

The court considered that there was some substance to the criticisms of an accident and emergency expert for not dealing with matters in his primary report which he then agreed in the joint report with the opposing expert (who had included the issues in his primary report). These were however criticisms for failing to deal with points, rather than criticisms of the opinions he actually expressed in his primary report.

Toxicological evidence in an environmental contamination case
Case Updates

Toxicological evidence in an environmental contamination case

The claimants, who claimed to have suffered personal injury caused by contaminants in a housing development, relied on the evidence of Professor T. The court found that Professor T did not provide any medically reasoned justification which would allow the court to make findings supporting his conclusions and did not explain in detail how he was able to reach his view on causation. The detail of this judgment is important for toxicology experts. It may be useful for medical experts as an example of the courts’ approach to causation.

Pelosi v Lanarkshire Housing Association Ltd [2024] ScotCS CSOH 56

D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663
Case Updates

D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663

This successful appeal against a Family Court judgment which led to the removal of two children from the care of their parents turned primarily on the fact that the judge was found to have acted as her own expert and conducted her own analysis of the medical research material making findings that were not supported by evidence. For paediatricians, radiologists, neurosurgeons and ophthalmologists this is highly recommend reading about the courts’ analysis of expert evidence relating to abusive head trauma and low level falls.    

Hitting all three most common compliance errors in expert reports
Case Updates

Hitting all three most common compliance errors in expert reports

The medico-legal expert in this personal injury claim was urged by the judge to seek further training after he made all of the three most common compliance errors which the EWI sees in expert reports.

Hamed v. Ministry of Justice (County Court in Cambridge – 7th June 2024)

RSS
245678910Last