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Breach of Duty and Causation Report

What is a Breach of Duty and Causation Report?

Breach of Duty and Causation reports are written by independent expert witnesses and are used in clinical negligence cases to specifically address two key questions:

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  1. Breach of Duty – whether the healthcare professional’s actions fell below the standard expected of a reasonably competent practitioner in their field

  2. Causation – whether that breach directly caused, or materially contributed to, the injury or outcome in question

 

All of our Breach of Duty and Causation reports are prepared in strict accordance with CPR Part 35. This means every report is impartial, evidence-based, clearly reasoned, and contains the required declaration and statement of truth.

 

Our experts understand their overriding duty to the court and provide opinions that are independent of the instructing party.

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Breach of Duty and Causation Reports are most commonly used in clinical negligence claims, cases which require expert evidence to determine liability/causation and ongoing litigation where court-ordered expert evidence is required.

What's Included in the Report?

Our Breach of Duty and Causation reports are charged on an hourly basis and typically cover:

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  • Case review – reading and analysing all medical records, witness statements, and supporting documentation provided

  • Application of relevant legal tests – e.g. Bolam and Bolitho principles, Hunter v Hanley or the 'Dunne' principles

  • Report preparation – drafting a CPR compliant, clear and detailed report that sets out the expert’s professional opinion on breach of duty and causation

  • Amendments – making reasonable changes following solicitor review or case developments

  • References – citing relevant clinical guidelines, literature, or professional standards to support the opinion

 

We also provide a fee estimate, so there are no surprises.  This estimation will be dependent on the volume of records, the number of allegations that need to be addressed, and the general complexity of the case.

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​The hourly rate is set by the individual expert and reflects their specific area of expertise, the length of their clinical career, and their level of experience in preparing expert witness reports.​

All of our experts are:

  • ICO registered – fully compliant with UK GDPR and data protection requirements

  • Regulated by their professional body, such as the NMC, GMC or HCPC 

  • Experienced in preparing CPR Part 35-compliant reports for Claimant, Defendant, and joint instructions

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