How to Write a Condition and Prognosis Expert Report: A Legal and Expert Guide

Clarity, Compliance, and Clinical Insight: Writing a Condition and Prognosis Expert Report

For solicitors working in clinical negligence or personal injury law, few documents carry more weight than the Condition and Prognosis (C&P) expert report. It can shape settlement outcomes, define care planning trajectories, and clarify a client’s future needs.

But how do you ensure your report is CPR-compliant, clinically credible, and legally robust? As an established provider of nurse-led condition and prognosis reports, Apex Experts shares our structured guide, based on real reports submitted to court by our senior clinical nurse expert witnesses.

What Is a Condition and Prognosis Expert Report?

A condition and prognosis expert report outlines a claimant’s current clinical condition and forecasts their likely future health outcomes. These reports are essential in personal injury, clinical negligence, and catastrophic injury litigation especially when permanent disability, pressure ulcers, or complex care needs are involved.

Typical elements include:

• Background medical history

• Incident summary and timeline

• Injuries sustained

• Care setting description

• Functional capacity assessment

• Tissue viability or wound status

• Prognosis with quantifiable risk factors (e.g. >80% risk of recurrence)

When to Commission a C&P Report: Timing Matters in Litigation

The strategic value of a Condition and Prognosis (C&P) report is closely tied to when it is commissioned. Ideally, a C&P report can be requested pre-litigation to support early settlement negotiations, providing a clear clinical basis for damages discussions before costs escalate. Once liability is admitted, instructing the report becomes essential for accurately quantifying long-term care costs, specialist equipment needs, or projected deterioration. These are all critical elements in any Schedule of Loss but additionally, obtaining a C&P report before expert joint statements can ensure that aligned, evidence-based clinical opinions are reflected in the joint agenda. Timing the instruction appropriately not only enhances evidential clarity but also helps legal teams shape a more efficient and proactive litigation strategy.

Legal and Clinical Standards for Writing a Condition and Prognosis Report

A strong C&P report should:

• Be written by a qualified expert (e.g. NMC-registered nurse, wound care specialist)

• Use language compliant with CPR Part 35

• Include an independent declaration and a signed Statement of Truth

• Distinguish between healed injuries and long-term risk factors (e.g. contractures, incontinence, immobility)

• Be formatted with sectioning, pagination, and appendices as needed

  
  

“When writing a condition and prognosis report, my job is to provide an independent, unbiased account of the client’s present status and future risk based purely on clinical evidence,” — Apex Nurse Expert Witness

Essential Sections to Include in a C&P Report

Drawing on the many reports provided by our instructed expert witnesses, the following structure reflects established best practice:

1. Introduction & Writer’s Credentials

2. Instructions and Scope

3. Method of Assessment (in-person or virtual visit, records reviewed)

4. Relevant Medical Background

5. Observed Clinical Condition

6. Functional Ability

7. Wound or Tissue Status (if relevant)

8. Prognosis – including recurrence risk, deterioration forecast, need for ongoing care

9. Expert Declaration and Statement of Truth

10. Appendices – records, photographs, clinician CV

    
    

Why C&P Reports Influence Case Strategy

A well-structured Condition and Prognosis (C&P) report plays a pivotal role in shaping litigation strategy in clinical negligence and personal injury cases. Beyond documenting clinical facts, it provides the foundation for quantifying damages by detailing future care needs, potential deterioration, and ongoing risk factors. When interim payments are being sought, a clear prognosis with medical justification can substantiate the urgency and legitimacy of immediate funding requests. In more complex cases involving permanent injury or disability, the report often underpins arguments for long-term care provision, specialist equipment, or home adaptations. Perhaps most critically, a cogent C&P report adds authoritative weight to settlement negotiations or court submissions, helping solicitors align expectations, justify valuations, and make informed strategic decisions. In this way, the C&P report is not just clinical evidence it’s a tactical legal asset.

Common Mistakes in C&P Reports (and How to Avoid Them)

• Over-reliance on historical records: Always balance with current observation

• Vague prognoses: Use quantifiable terms (e.g., “80% risk of pressure ulcer recurrence”)

• Missing declaration or CV: Renders the report non-compliant under CPR rules

• Lack of rationale: Always explain how you reached your clinical opinion

For reference, the NICE Wound Care Guidance and RCN documentation standards offer valuable context for tissue viability-based assessments.

Differentiating Between Prognosis and Causation: C&P vs Causation

It’s essential to distinguish the purpose of a Condition and Prognosis (C&P) report from that of a causation-focused expert report. A C&P report does not seek to determine how an injury occurred or whether liability is established; instead, it provides an independent clinical snapshot of the claimant’s current health status and projects likely future outcomes. This includes assessing ongoing symptoms, functional ability, risk of deterioration, and care requirements. Understanding this distinction helps ensure the expert’s role is clearly defined and prevents misaligned expectations during litigation. In short, C&P reports inform the “what now and what next” rather than the “why it happened.”

If you’re a registered nurse at Band 7 or above with over 10 years of clinical experience and are curious about expanding your career into expert witness work, we’d love to hear from you. Similarly, if you're a clinical negligence solicitor in need of a robust, court-ready Condition and Prognosis (C&P) report, get in touch with Apex Experts today.

Get in touch with us at info@apexexperts.co.uk, call us on 0203 633 2213 or visit our contact us page.