What Is a Liability Report and Why Do I Need One?

Receiving treatment for an illness or injury can be a difficult time. When something goes wrong - whether treatment is delayed, a diagnosis is missed, or a mistake is made - an already challenging situation can become far more complex and distressing.

In clinical negligence cases, these issues are examined in detail to determine whether the care provided fell below acceptable standards. That’s where a liability report (also referred to as a breach of duty report) comes in.

What is a liability report?

A liability report, sometimes called a breach of duty report, assesses whether a healthcare provider failed in their duty of care when diagnosing or treating a patient. It forms a critical part of a clinical negligence claim.

The report involves a detailed review of the claimant’s medical records and relevant documentation, conducted by a qualified and experienced expert witness. It provides a clinical opinion on whether the care given met the expected standard - or whether a breach occurred that caused or contributed to the claimant’s injury or condition.

Screening reports vs full liability reports

At Tessa Gough Associates, we offer two types of liability reports:

• ›Screening reports – A short-form report that briefly evaluates whether a claim has legal merit and whether a breach of duty may have occurred. These are often used early in a case to inform next steps.
• ›Full liability reports – A comprehensive, court-compliant document that sets out whether a breach of duty occurred, based on detailed analysis of medical records and clinical standards. These reports are suitable for submission in legal proceedings.

Both report types are written clearly, objectively, and in line with legal expectations.

Why is a liability report important?

Clinical negligence claims are complex and often involve lengthy legal processes. A clear, evidence-based liability report:

• ›Establishes whether a breach of duty took place
• ›Helps determine whether a claim should proceed
• ›Provides independent evidence that can be used in court
• ›Ensures the case is built on factual, unbiased clinical insight

Whether you're working on behalf of the claimant or defendant, having a robust liability report is essential to building a strong, informed legal case.

How Tessa Gough Associates supports liability reporting

Our liability and breach of duty reports are written by expert witnesses with in-depth clinical experience in the relevant field. This includes nurses and healthcare professionals who have worked in the NHS, private sector, community settings, and prison healthcare.

All expert witnesses at Tessa Gough Associates:

• ›Undergo a rigorous recruitment and training process
• ›Receive ongoing professional development and peer support
• ›Are familiar with NHS protocols, NICE guidelines, and legal standards
• ›Provide reports that are objective, clearly written, and grounded in clinical fact

We are committed to delivering high-quality liability reports that support fair and evidence-based outcomes.

Additional expert witness services

In addition to liability reports, Tessa Gough Associates also provides:

• ›Quantum (Care, Aids and Equipment) Reports
• ›Loss of Service Reports
• ›Initial Needs Assessments

If you’d like to speak to a member of our team about liability reports or any of our other services, please get in touch.