Causation & Liability Reports

Hunner’s Ulcer seen on Cystoscopy

 
 
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What it is

A formal medico-legal report (typically Part 35 compliant where required) providing an independent opinion on:

  • Standard of care (liability/breach): what should reasonably have been done, based on accepted practice at the time

  • Causation: whether any alleged failings caused, materially contributed to, or failed to prevent the outcome on the balance of probabilities

Typical questions addressed

  • Was the assessment, investigation, treatment, referral, or follow-up reasonable?

  • Were risks appropriately recognised, explained, documented, and managed?

  • Were there missed opportunities to diagnose earlier or treat differently?

  • If there was a breach, what difference would appropriate care have made (if any)?

  • Are the alleged injuries consistent with the records, mechanism, and timeline?

How the opinion is reached

  • Structured review of contemporaneous records (primary care, hospital, investigations, correspondence)

  • Analysis of chronology and decision-points

  • Reference to relevant guidance and peer-accepted practice where appropriate

  • Clear reasoning, including consideration of alternative explanations and uncertainties

What you receive

  • A clear, well-reasoned written report with:

    • Summary of facts and chronology

    • Issues for determination

    • Opinion on standard of care (with rationale)

    • Opinion on causation (with “but for” analysis where applicable)

    • Discussion of competing explanations and limitations

    • Statement of truth and declarations as required (for Part 35)

Optional add-ons

  • Joint statements (experts’ meeting)

  • Addendum reports after disclosure

  • Attendance at conference, trial, or remote instruction (subject to availability)

 
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