Magee v Joy Angela Willmott [2020] EWHC 1378 (QB), 2020 WL 02797582

Upon reviewing the expert evidence, it was noted that it did not appear to support many of the pleaded allegations of breach of duty. The judge said that all  practitioners must take care to ensure that the pleadings properly reflect the expert opinion and do not contain unfounded allegations.

Learning point:

If you are sent the draft Particulars of Claim or any other document setting out the allegations of breach of duty in a clinical negligence case, you must check that the allegations are supported by your evidence and, if not, point it out.