Reports we arrange
Clinical negligence expert reports
Clinical negligence claims ask whether medical care fell below an acceptable standard and, if it did, what difference that made. The expert evidence usually decides the claim, so the choice of expert matters. We agree the choice of expert with you before we instruct.
What the report is for
Clinical negligence expert reports usually address one or more of these questions:
- breach of duty: whether the care given fell below the standard that a responsible body of practitioners in the same field would have accepted as proper at the time
- causation: whether that care caused or contributed to the harm, and what would probably have happened with acceptable care
- condition and prognosis: the claimant’s condition now, and the likely outlook
These may come from one expert or from several. The expert answers the medical questions; how the law applies to their answers is for you and the court.
Who usually writes it
An expert on breach of duty is usually from the same specialty and level as the clinician whose care is in question: a GP for GP care, an obstetrician for obstetric care, and so on. Causation and prognosis may need a different specialty, such as a neurologist where the harm is neurological.
We are building our panel across specialties. Tell us what the claim needs, and we will tell you who we can instruct before anything is agreed.
Thinking of writing these reports yourself? Read our guide to becoming a medical expert witness.
What to send us
- your letter of instruction, with the issues and questions for each expert
- the full records for the period of care in question, and the claimant’s GP records
- a chronology or summary of the allegations, if you have one
- any complaint response, investigation report or letter of response you hold
- any timetable or court deadlines
Tell us if you would like the expert to consider a first report from the records alone (“on the papers”). The expert decides whether that is suitable.
How we handle it
We agree the choice of expert with you before we instruct, and keep you updated at each stage, including where experts from more than one specialty are involved. The records, which are often extensive, are sorted, paginated and indexed, with a chronology and summary prepared for the expert: AI-prepared, expert-reviewed. In clinical negligence the expert’s own close reading of the records is the heart of the report, and the summary only helps them find their way.
Each report is checked against the clinical negligence checklist before release, including your questions and the Part 35 statements, with a person reviewing anything flagged. Our checks look at completeness, never at the expert’s conclusions. Reports are released through the portal, never emailed.
Our secure portal is launching soon. Until then, instruct us by email and we’ll keep you updated on each case.
AI prepares the records for the expert: sorted, paginated and indexed, with a chronology and summary. It never forms or changes a medical opinion, and Probita gives none. The expert checks the summary against the records and the opinion is theirs alone, under their duty to the court.
We switch on each AI feature only once it has passed its own testing, and our team does the same work by hand until then.
How instructing works, what the portal shows you and how billing works: Probita for law firms.
Questions
Questions about clinical negligence reports
Does the claimant always need to be seen?
Not always. A report on breach of duty is often written from the records alone (“on the papers”). A condition and prognosis report usually involves seeing the claimant. The expert decides what is suitable.
Can you arrange experts from several specialties on one claim?
Yes. We keep them to a common timetable and you see each report’s status in the portal. See multi-track and complex injury.
Do you advise on whether a claim has merit?
No. Probita gives no medical opinion and no legal advice. The expert gives their independent opinion on the medical questions, and the decisions about the claim are yours.
Related reports
Multi-track and complex injury medical reports
Medical evidence for higher-value and complex claims, often across several specialties.
Addendum reports, Part 35 questions and joint statements
Addendum reports, Part 35 questions, records reviews and joint statements after experts’ discussions.
Psychiatric and psychological injury reports
Reports from psychiatrists and psychologists on how an accident, injury or event has affected mental health.
Instruct a clinical negligence report
Tell us about the case or your caseload, and we will explain how to instruct and send our solicitor agreement.