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Practice areas

Clinical negligence expert witness reports

Reports for claimants and defendants on breach, causation, and quantum where psychiatric injury is alleged to have arisen from clinical care, including missed diagnosis, medication error, and failures in mental health services.

These reports are most often prepared as part of our adult psychiatry, neuropsychiatry, and capacity assessments work.

Conditions and presentations

  • Adjustment to serious diagnosis

    Reactive depression and anxiety following late diagnosis of cancer or other serious illness.

  • Breach and causation opinions

    Bolam, Bolitho, and material contribution analysis on the psychiatric evidence.

  • Capacity and consent at the time of treatment

    Where retrospective capacity is in issue.

  • Chronic pain with psychiatric overlay

    Where psychological factors compound persistent pain.

  • Hypoxic and acquired brain injury sequelae

    Cognitive, mood, and behavioural change after clinical incident.

  • Iatrogenic depression and anxiety

    Following surgical complications, missed diagnosis, or chronic pain.

  • Medication adverse effects

    SSRI discontinuation, lithium toxicity, neuroleptic malignant syndrome, akathisia.

  • Missed and delayed psychiatric diagnosis

    Including missed bipolar disorder, psychosis, and postnatal illness.

  • Perinatal birth trauma

    Postpartum PTSD following difficult delivery, instrumental birth, or stillbirth.

  • Postnatal depression and puerperal psychosis

    Where missed in primary or perinatal care.

  • Psychiatric treatment errors

    Including inappropriate prescribing and failures in inpatient care.

  • PTSD after medical events

    ICU admission, awareness under anaesthesia, frightening procedures.

  • Suicide and self-harm risk failures

    Where the standard of risk assessment and management is in issue.

Typical questions for the expert

  • What was the claimant's psychiatric condition before and after the index events?
  • Would a competent practitioner have prevented the psychiatric injury?
  • What treatment is required and what is the likely prognosis?

Reports provided

Liability and condition and prognosis reports compliant with CPR Part 35, with addenda and joint statements as required.

Experts owe their primary duty to the court under CPR Part 35 and equivalent procedural rules.

Related practice areas

Cases in this area often overlap with our work on personal injury and civil litigation, inquests and inquiries, and mental capacity and court of protection. You may also want to read our full list of practice areas.

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