Medical Expert Witnesses

A medical expert witness is an appropriately qualified and experienced healthcare professional who provides independent, impartial evidence within their area of expertise to assist a court or tribunal. Medical expert witnesses may include medical and surgical specialists, nurses, allied health professionals and rehabilitation specialists. Depending on their expertise and the case, they may provide opinions on matters including breach of duty, causation, condition and prognosis, treatment, care and rehabilitation needs.

A medical expert witness should have professional qualifications, specialist knowledge, training and experience directly relevant to the issues on which they are instructed to give an opinion. They should also have an appropriate understanding of their duties as an expert witness and provide evidence that is independent, impartial and within their area of expertise.

The requirements will depend on the nature of the instruction, the expert's profession and the jurisdiction in which the evidence is to be used. For example, in civil proceedings in England and Wales, experts must comply with CPR Part 35, Practice Direction 35 and relevant Civil Justice Council Guidance for the Instruction of Experts in Civil Claims. Medical professionals must also comply with the professional and regulatory standards applicable to them, including relevant GMC guidance on providing witness statements or expert evidence.

A medical expert witness reviews relevant evidence and provides an independent professional opinion on matters within their area of expertise. Their work may include reviewing medical records, examining an individual where appropriate, preparing a medico-legal expert report, answering questions, participating in discussions with other experts, preparing joint statements and giving evidence before a court, tribunal or other relevant body.

The appropriate medical expert witness will depend on the specific clinical or professional issues requiring opinion. McCollum Consultants considers each instruction individually and may recommend one or more appropriately qualified experts, taking account of factors including specialist knowledge, qualifications, relevant experience, current or recent clinical practice, medico-legal experience and availability. The decision as to which expert to instruct remains with the instructing party.

McCollum Consultants provides medical expert witness support and case coordination services for solicitors, law firms and other authorised professional organisations. We can recommend appropriately qualified independent experts across a wide range of medical disciplines and can also coordinate surgical, nursing, allied health and rehabilitation expertise where required. Experts provide independent opinions within their areas of expertise and in accordance with the legal, procedural and professional requirements applicable to their instructions.

McCollum Consultants accepts instructions from solicitors, law firms and other authorised professional organisations. Provide details of the case, the clinical or professional issues involved and the expert opinion required. We can then recommend one or more appropriately qualified experts whose expertise is relevant to the instruction. The decision as to which expert to instruct remains with the instructing party. Once an expert has been selected, our team can coordinate case materials, appointments, reports and subsequent expert work as required. We do not accept instructions directly from litigants in person or individuals acting on their own behalf.