What is... a CPR Compliant Breach of Duty Report?

What Is a CPR Compliant Breach of duty Report?

A breach of duty report is used to determine whether a healthcare professional’s conduct fell below an acceptable standard of care. It is prepared by a qualified expert, typically a practising senior clinician or nurse, who applies clinical and legal knowledge to assess whether the care provided aligned with professional expectations at the relevant time.

At Apex Experts, we ensure all CPR compliant breach of duty reports are drafted with clarity, accuracy, and neutrality, guided by legal tests such as Bolam and Bolitho.

Why and When a Breach of Duty Report Is Required

These reports are frequently commissioned for:

• Clinical negligence litigation

• Professional conduct investigations

• Inquest proceedings

• NHS incident reviews

• Insurance and liability disputes

What a Breach of Duty Report Contains

A breach of duty report typically includes:

• A summary of the case background and clinical chronology

• A review of the clinical records and policies

• Reference to accepted professional standards (e.g. NMC Code, NICE guidance)

• A clearly reasoned expert opinion on whether a breach of duty occurred

• A conclusion regarding whether the standard of care was met or fell short

• Causation commentary where applicable

The Legal Tests Applied: Bolam and Bolitho

Two key legal cases underpin breach of duty assessments:

• Bolam v Friern Hospital Management Committee [1957]: This case established that a professional is not negligent if they acted in accordance with a responsible body of opinion within their field.

• Bolitho v City and Hackney Health Authority [1996]: This clarified that the opinion must also be logically defensible.

These tests ensure that expert conclusions are grounded in reasoned and broadly accepted practice, rather than hindsight or bias.

Objectivity and Independence

The integrity of a clinical breach report lies in its independence. Experts must provide impartial opinions that reflect their professional judgement, not the interests of the party instructing them.

At Apex Experts, every report our panel members produce is objective, accurate and impartial

The Impact of a Breach of Duty Report

When delivered effectively, a clinical breach report can:

• Determine the viability of a legal claim

• Guide early admissions or denials of liability

• Support informed decision-making by clients, insurers, and counsel

• Help prevent prolonged and costly litigation

A Pillar of Expert Evidence

A CPR compliant breach of duty report is more than an opinion, it is a vital component of just and evidence-led healthcare litigation. Apex Experts remains committed to delivering robust, unbiased, and expertly reasoned reports that reflect current standards, uphold legal tests, and contribute to fair outcomes.

Need expert support for a complex causation query? Our panel of clinical experts is here to assist - please contact us at info@apexexperts.co.uk or visit our contact us page