This site uses cookies.

How to Assess whether Experts are Complying with CPR35, PD35 and the Guidance - Dr Mark Burgin

13/05/19. Dr. Mark Burgin BM BCh (oxon) MRCGP explains how the MERA report analyses an expert’s compliance with the legal requirements and simplifies the theory behind the law.

I have been working independently performing medical expert report audits for personal injury reports and have noted that few reports comply fully with CPR35.

In this article I explain how these failures can impact on the duty of an expert to assist the court in matters within their expertise.

This failure does not arise from a lack of familiarity of the rules but the rules becoming lost in translation as the professional tries to interpret legal language.

Words like separate, material and reasonable take on strange and unexpected meanings when they are used to describe legal obligations.

Checklist of requirements...

Image ©

Read more (PIBULJ subscribers only)...

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.