Formal Part 35 Compliant Reports

This is the majority of our work. We take pride in producing a clearly set out, detailed, and well-argued report and have produced several hundred over the past 10 years.

We understand the importance of these reports to the process. Expert evidence presented to the court should be, and should be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies of litigation

An expert witness should provide an objective unbiased opinion in relation to matters within his expertise. An expert witness in the High Court should never assume the role of an advocate.

Few cases are clear-cut involving medical matters and arguments around the ‘balance of probabilities and what is ‘reasonable’ practice is the essence of medicolegal reports. (Mr Justice Cresswell 1993.)

We believe it is important to present a balanced and reasoned view of the evidence. The expert should consider all material facts, including those that might detract from their opinions. (Mr Justice Cotter 2022.) From you aim to take a responsible position that you can reasonably stand by in a Joint meeting and ultimately in Court.

We take seriously the fact that our duty lies to Court.

Below are summaries of some of the cases we have produced reports for.

• Premiership footballer v Premier League football club Physiotherapist - Knee injury

  Ex Premier League footballer versus Chartered Physiotherapist in breach of duty case. Part 35 compliant report. This resulted in the alteration of the PLI rules for Chartered Physiotherapists in Premier League and Championship football clubs.

• NHS patient v NHS trust Physiotherapist - delayed referral

  Part 35 compliant report on a case of the alleged failure of the Physiotherapist to refer the claimant for MRI and to provide a reasonable standard of physiotherapy care.

• Premiership rugby player v Premiership rugby club - misdiagnosis

  A formal CPR compliant report as to breach of duty with respect to the care provided by the club and its physiotherapists to the player, including causation on the balance of probability, in a misdiagnosis / mal-union of fracture.

• Premiership rugby player v Premiership rugby club - exercise safety

  Full report and joint physiotherapy statement regarding whether an exercise was safe as the player suffered an injury whilst undertaking it.

• NHS patient v NHS Trust - abdominal surgery rehabilitation

  Quantum Case for Defendant requiring a report on the physiotherapy the Claimant will likely require as a result of the admitted negligence regarding abdominal injuries.

• NHS patient v NHS Trust - Knee injury mismanagement

  Breach of duty report for the Claimant on the Physiotherapy treatment received on a knee injury.

• Rugby League player v Super League club - MSK spinal injury

  Full and joint reports for the defence regarding the treatment and rehabilitation of the Claimant following a lumbar spine injury.

• Rugby League player v Super League club - neck injury management

  Report and joint report for the Defendant regarding treatment for a cervical spine issue, return to play rehabilitation, and causation of a subsequent issue in the same area.

• Private Patient v Private Physiotherapy Clinic - neck injury sustained due to Physiotherapy treatment

  Formal report regarding damage suffered by the Claimant during the course of Physiotherapy treatment on the cervical spine.

• Professional Rugby player v Club Physiotherapist - knee injury

  Breach report regarding a missed diagnosis of knee injury and unreasonable rehabilitation following surgery.

• Footballer v NHS Trust - knee injury

  Breach of duty report regarding assessment and diagnosis of a footballing knee injury.

• Goalkeeper v NHS Trust - wrist injury

  Breach of duty report regarding assessment of a wrist/scaphoid following a shot-stopping injury.

• NHS patient v NHS Trust / sub-contractor - knee injury management

  Breach of duty regarding assessment and treatment of chronic knee condition in a middle-aged lady. Letter of Response note subsequently provided.

• NHS Patient v NHS Trust - ankle injury management

  Breach of Duty regarding an allegation of missed diagnosis of an ankle injury.

• Soldier v MOD - knee injury managment

  Breach of duty and Joint report regarding the treatment of a left knee injury sustained on duty.

• Soldier v MOD - hip injury management

  Breach of Duty and Joint report on the treatment of a hip injury following the gradual onset of pain.

• Private Patient v Private Physiotherapist - cervical spine issue misdiagnosis

  Breach report on the treatment of chronic headaches and subsequent missed diagnosis and trauma.

• Professional Footballer v Professional Football Club -Achilles rehabilitation mismanagement

  Breach report on missed diagnosis and treatment of an Achilles Tendon injury.

• Professional footballer v Professional Football Club - Wrist injury mismanagement

  Breach report on the missed diagnosis of a wrist injury in a goalkeeper. Subsequent Joint Report required.

• Amateur Footballer v National Physiotherapy Contractor - ACL injury misdiagnosis

  Breach of Duty of an unreasonable assessment and misdiagnosis of an ACL tear.

• NHS Patient v NHS Trust - myelopathy misdiagnosis

  Delayed and misdiagnosis of post-surgical neurological signs leading to delayed remedial surgery.

• Condition and Prognosis - RTA ankle injury management

  Needs assessment of chronic pain and dysfunction in an ankle following an RTA.

• NHS Patient v NHS Trust - delayed diagnosis of femoral fracture

  Breach of Duty following delayed / misdiagnosis of an atypical femoral fracture and delayed orthopaedic referral.

• NHS Patient v NHS Trust / Physiotherapy Contractor - ACL injury

  Misdiagnosis of an ACL injury in a footballer.

• Condition and Prognosis / Needs assessment - amputee

  Above knee amputee following a work injury. A joint report was also provided.

• Soldier v MOD - lower back pain management

  Breach of Duty report on the assessment and treatment of a long-standing lower back and hip issue.

• NHS Patient v NHS Trust Physiotherapist - Cauda Equina

  Breach of Duty regarding delayed diagnosis and treatment of a Cauda Equina issue.

• Professional footballer v Premier League Club - knee injury

  Breach of duty regarding the standard of rehabilitation provided to the Claimant for a knee injury

• NHS patient v NHS Trust Physiotherapist - slipped Upper Femoral Epiphysis (SUFE)

  Breach of Duty regarding the assessment, treatment, and onward referral of a Slipped Upper Femoral Epiphysis in a child

• Private patient v Private Physiotherapist - spinal fracture caused by Physiotherapy treatment

  Breach of Duty asking if the spinal fractures sustained were sustained, resulted, or contributed to by the Physiotherapy.

• International Skater - RTA impact on ability to skate

  Assessment of the impact of injuries sustained in an RTA on the athlete’s ability to perform at an elite level.

• NHS Patient v NHS Trust - Spinal injury

  Breach of Duty regarding the standard of care provided by outpatient and rehab Physiotherapists in a MSK spine case

• Soldier v MOD - knee / anterior cruciate ligament mismanagement

  Breach of Duty regarding the standard of care following a knee injury and ACL rupture.

• NHS Patient (Child) v NHS Trust - meniscus injury

  Breach of Duty regarding the missed diagnosis of a meniscus injury.

• Private patient with shoulder pain v Private Physiotherapist / Acupuncturist

  Pneumothorax caused by Acupuncture incorrectly applied by the Physiotherapist in private practice

• Championship Football Club Academy player v Club Physiotherapist - knee issue

  The Claimant alleged missed diagnosis of a knee issue resulting in loss of playing time at a crucial period of a young career.

• Super League Rugby League Academy Player v Academy Physiotherapist - knee issue

  The Claimant alleged mismanagement of a knee issue whilst on tour resulting in a further career-changing injury.

• Championship football academy player versus academy Physiotherapist / Club -hamstring issue

  The Claimant alleged mismanagement of hamstring injury by the club physiotherapist resulting in persistent pain and reduction of performance. Claims this resulted in the loss of career and contracts.

• Private Physiotherapist causing Pneumothorax with Acupuncture

  Breach of duty report on the incorrect application of acupuncture by a Physiotherapist leading to a Pneumothorax in the Claimant. Case settled.

• Soldier versus Ministry of Defence - knee injury

  Alleged mismanagement of a knee injury over several years and post-surgically resulting in loss of sporting and military career.

• NHS Patient versus NHS Physiotherapist - Psoriatic Arthritis

  Delayed diagnosis of Psoriatic Arthritis by a Physiotherapist in an outpatient setting.