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Welcome to the Expert Witness Journal issue 54
  • Jun 12, 2024
  • Latest Back-issues

Welcome to the Expert Witness Journal issue 54, download here.

In this issue we cover all types of negligence. The most common is medical negligence, which occurs when a medical or healthcare professional deviates from the care standards of their profession and causes injury to a patient.

We feature the ‘Serious Medical Treatment Guidance’, concerning Ward v Tesco Stores (1976) 1 WLR 810 by Jack Harding, which is regarded by many personal injury practitioners as an effective forensic weapon, allowing claimants to throw a burden of proof onto the Defendant which might otherwise represent an insurmountable obstacle to the claim. ‘The Supreme Court rules on claims of Secondary Victims in Medical Negligence Cases’ by Alessandra Paduano. Expert Report Writing Part Two: The Liability Report, in the second of this three-part series of articles for expert witnesses, partner Hugh Johnson and senior paralegal Dulcie Osborne consider the elements of liability expert reports in a clinical negligence context. ‘Mind the Forensic Gap. Filling the “I Can't Recall” spaces’ by Ian Ross is an excellent article on the (in)famous Post Office scandal, rightly classified as the biggest miscarriage of justice in
English legal history. This highlights another area of negliegence and the psychology involved.

In more general areas we have High Court Provides a Reminder of the Key Principles Relevant to Broker Negligence Claims, a reminder of the key duties of insurance brokers and summarises the elements that must be proven in a broker negligence claim. A question and answer with Circle Case Management’s highly respected VRA Award winner Maria Morris, an Occupational Therapist, Vocational Case Manager and Expert Witness. Psychology is covered by Shannon Ownhouse in ‘Psychological Assessment of PTSD: How to Identify Malingering?

Our next issue will be published in June 2024, if you have a submission or article email us.

Chris Connelly