Writing Medico-Legal Reports in Civil Claims – an Essential Guide (2nd Edition)
With forewords by James Badenoch Q.C. Chairman Emeritus EWI
and Dr Jan Wise Chair of the BMA Medico-Legal Committee 2004-2015
“An essential and invaluable resource for all involved in medico-legal work as expert witnesses… an invaluable aid to legal understanding and to the enhancement of the expert’s practical skills.”
James Badenoch Q.C.
“A must-have-manual for the new expert – a go-to-guide for the
mature expert.”
Dr Jan Wise
Written for medical experts and quantum experts by Giles Eyre and Lynden Alexander and published in association with the Expert Witness Institute, this Second Edition of the highly-praised guide to medico-legal report writing in civil claims bridges the ‘communication void’ that too often exists between medical experts and the lawyers who instruct them. The guide explains the legal principles and rules of court that must be applied in writing reports, gives guidance on the report’s content and format, provides practical forensic writing skills, and explores the practical and contractual issues that arise in medico-legal practice.
The Second Edition has been revised, updated and expanded to include the latest case law, the most recent developments in medico-legal work (including the impact of the ‘Jackson Reforms’ and MedCo), assessments of mental capacity and the issues that arise in Quantum and Care Reporting.
The text includes the following:
- The new Guidance for the Instruction of Experts in Civil Claims 2014
- Full updates of the Civil Procedure Rules 1998 and Protocols and explanation of the “Jackson Reforms”
- Sample Terms of Appointment in the new post-Jackson financial environment
- MedCo and the new legal framework for soft-tissue injury claims
- Recent case law concerning causation, acceleration of symptoms and prognosis
- Guidance on how to report effectively on:
- Personal Injury and Clinical Negligence claims, including the new law on consent to treatment and extended guidance on the application of the Bolam test
- Causation issues in straightforward and complex claims
- Acceleration and exacerbation
- Exaggeration and malingering and the use of surveillance evidence
- Mental capacity issues
- Heads of claim, including disability in domestic and employment settings and future complications
- Quantum, Care and Other Needs reports
- Extended guidance on the joint discussion and drafting the joint statement
- Practical issues that arise in medico-legal practice.
To view the table of contents and foreword to the book, please view the following PDFs:
Reviews of the book available here
Giles Eyre is a retired barrister and associate member of 9 Gough Square, London (www.9goughsquare.co.uk). Giles has extensive experience in conducting and advising in personal injury, industrial disease and clinical negligence claims. He is a mediator and was appointed a Recorder in 2004.
Giles regularly presents seminars for lawyers on a wide variety of topics, and for medical practitioners and other expert witnesses on legal principles, effective report writing and giving evidence. He is a contributing editor of Asbestos Claims: Law, Practice and Procedure published by 9 Gough Square (3rd edition September 2015) and Clinical Negligence Claims – A Practical Guide published by 9 Gough Square (3rd edition September 2015)..
Lynden Alexander is a communication skills consultant who specialises in forensic communication. He leads the expert witness programme at Professional Solutions Learning and Development.
He began offering training to expert witnesses in 1996 and has since trained more than 6000 expert witnesses in forensic writing, preparing for court and courtroom presentation skills. He advises clients on forensic communication throughout all stages of the litigation process. He also presents workshops for the Expert Witness Institute and for other professional bodies..
Cover Price: £69.95
Medico-legal Minder 