Insights
Commentary on paediatric expert evidence, report standards and case law — written for instructing solicitors in matters involving children and young people.
Photo by SHVETS production via Pexels Prognostic uncertainty is an inherent challenge in reporting on paediatric acquired brain injury. In civil litigation, the expert must balance clinical findings with the limitations of predictive modelling, ensuring that their opinion complies with the requirement under CPR 35.10 to state the range of opinion and the reasons for…
Photo by Pixabay via Pexels Identifying diagnostic delay in paediatric sepsis requires a forensic approach to clinical record-keeping, as the subtle onset of symptoms in children often presents diagnostic challenges. Determining whether a delay in recognition or treatment constitutes a breach of duty depends on whether the clinical presentation at a specific juncture provided sufficient…
Photo by RDNE Stock project via Pexels The appointment of a single joint expert (SJE) under CPR 35.7 provides a procedural framework intended to encourage cost-effectiveness and focus the court’s attention on specific clinical issues. When the court orders that expert evidence be provided by an SJE, the process of instructing that individual is governed…
Photo by RDNE Stock project via Pexels Effective management of expert discussions under CPR 35.12 is a potential tool for the resolution of paediatric litigation. By requiring experts of the same discipline to meet and identify points of agreement and disagreement, the court aims to isolate the specific medical issues in dispute. This process allows…
Photo by Vitaly Gariev via Pexels In family court care proceedings, the role of the child and adolescent psychiatrist is to assist the court in understanding the intersection between a child’s neurodevelopment, mental health, and their lived environment. This evidence is often sought where there are concerns regarding the impact of trauma, complex behavioural presentations,…
Photo by RDNE Stock project via Pexels Defining the Scope of the Perinatal Expert In birth injury litigation, the perinatal expert serves as a bridge between the physiological state of the infant and the clinical management provided during the transition from the intrapartum period to the neonatal unit. While obstetric experts assess maternal health and…
Photo by Tima Miroshnichenko via Pexels In clinical negligence claims involving potential hypoxic-ischaemic encephalopathy (HIE), the expert’s primary task is to reconstruct the neonatal state through the objective lens of clinical records and neuroimaging. This analysis is fundamental because an adverse neurodevelopmental outcome alone does not establish a breach of duty or causation. For the…
Photo by SHVETS production via Pexels In paediatric clinical and legal practice, there is a recurring request to provide a precise chronological window for a fracture. It is a critical evidential limitation that, despite advancements in imaging technology, paediatric fracture dating relies on biological processes that are inherently variable. Understanding this limitation is essential for…
Photo by SHVETS production via Pexels Foetal Alcohol Spectrum Disorder (FASD) presents complex evidentiary challenges in both family and civil proceedings, requiring a precise alignment between clinical evidence and the specific questions posed by the court. In cases where neurodevelopmental deficits are attributed to prenatal alcohol exposure, the selection of an expert requires an appreciation…
Photo by SHVETS production via Pexels Selecting a paediatric expert for criminal proceedings requires a different approach than in civil litigation. The primary distinction lies in the governing procedural rules and the legal purpose for which the expert evidence is sought. In criminal cases within England and Wales, the expert’s role and the conduct of…