Choosing the Right Expert Witness: Why It Matters More Than You Think

When it comes to personal injury and clinical negligence cases, expert evidence can be the difference between success and failure.

But not all expert witnesses are created equal.

It means that choosing the right expert – one with relevant experience, legal understanding and the ability to communicate clearly – can significantly strengthen your case.

With over 37 years in the industry, we understand just how important this decision is - and that’s why so many legal professionals rely on us to find the right expert for their case.

What makes an expert witness ‘right’ for a case?

An effective expert witness is more than a clinical professional. They must be able to:

• ›Draw on relevant clinical experience – Their background needs to match the case type, whether that’s a spinal injury, mental health condition or industrial disease
• ›Communicate clearly – Reports should be written in a clear, logical and professional style that can be understood by the court and withstand scrutiny
• ›Understand legal requirements – An expert must be CPR Part 35 compliant, and know their responsibilities in court
• ›Be available when you need them – We know that long waiting times or last-minute changes can cause costly delays

What are the risks of choosing the wrong expert?

The wrong expert – even if clinically experienced – can put your case at risk.

Two recent judgments – Parsons v Isle of Wight NHS Trust (2023) and Beatty v Lewisham & Greenwich NHS Trust (2023) – showed us just how important expert impartiality, report clarity and domain-specific knowledge are to the outcome of a case.

What happened in Parsons v Isle of Wight NHS Trust?

In Parsons, the claimant’s expert, Mr John Scurr, was criticised by the judge for failing to provide a clear and reasoned explanation for their conclusions.

Ultimately, it meant the judge preferred the defendant’s expert - not because the claimant's expert lacked clinical experience, but because their evidence was not presented in a structured or persuasive way.

“... perhaps Mr Scurr’s most egregious shortcoming was to reach an opinion in his main report without properly analysing [the defendant surgeon’s] witness statement.”

What happened in Beatty v Lewisham & Greenwich NHS Trust?

Similarly, in Beatty, the claimant’s vascular expert, Dr McCrirrick, was criticised for partiality. The court rejected their evidence, noting that it appeared more like advocacy than objective expert opinion.

Under questioning, Dr McCrirrick:

“... apologised for stepping outside his field of expertise and adopting the judicial function.”

The defendant’s expert, in comparison, was seen as balanced, relevant, and directly aligned with the clinical questions at hand. Their evidence was preferred.

Both cases provide a clear warning: an expert witness must not only be qualified, but also able to produce a well-reasoned, unbiased and clinically-evidenced report.

Without that, even the strongest legal arguments can be weakened.

The benefits of a well-matched expert witness

When an expert is properly matched to a case, the benefits are clear:

• ›Reports are clearer, more credible, and easier to defend
• ›Evidence is more persuasive, which can strengthen settlement negotiations
• ›The case runs more smoothly, with fewer delays or disputes over quality
• ›There’s greater confidence in court, from both the legal team and the judge

How Tessa Gough Associates matches the right expert to each case

At Tessa Gough Associates, we don’t simply choose an expert at random. From the moment you enquire, we:

• ›Review your case requirements
• ›Share CVs of suitable and available expert witnesses
• ›Ensure no conflicts of interest
• ›Match you with someone whose clinical background, legal training and communication style are the right fit

Our team of in-house researchers also support our expert witnesses by reviewing reports to be sure of accuracy and quality across the board.

Taking the time to choose the ‘right’ expert

We know that the best outcomes start with the right expert. And whether claimant or defendant, we’ll help you find an expert to ensure your case reaches the right outcome.