Ten Questions Every Expert Witness Should Ask Before Accepting a Case

In clinical negligence litigation, the decision to accept instructions as an expert witness should never be taken lightly. Whether acting as a nursing expert, medical expert, or allied healthcare professional, the expert’s role carries significant professional, legal, and ethical responsibilities.

A well-qualified expert can add enormous value to a case through clear, objective, and evidence-based opinion. However, accepting the wrong instruction - or accepting a case without proper consideration - can create difficulties for both the expert and the instructing solicitor.

Before agreeing to act, every expert witness should carefully assess whether they are appropriately placed to provide an independent and defensible opinion. Asking the right questions at the outset helps ensure that the instruction is suitable, proportionate, and aligned with the expert’s professional obligations.

This article explores ten key questions every expert should ask before accepting a clinical negligence case.

1. Is this within my area of expertise?

The first and most important question is whether the case genuinely falls within the expert’s current area of clinical practice and expertise.

Courts expect experts to have relevant and up-to-date experience in the specific field they are commenting on. General knowledge alone is rarely sufficient. For example, a nurse specialising in community care may not be the appropriate expert for a complex intensive care case.

Experts should carefully consider:

• Whether they have direct experience in the relevant specialty

• Whether their knowledge reflects current clinical standards and practice

• Whether they can confidently defend their opinion under scrutiny

Accepting instructions outside one’s competence can significantly undermine credibility and expose both the expert and solicitor to criticism.

2. Do I have any conflicts of interest?

Independence is fundamental to the role of an expert witness. Before accepting instructions, experts must assess whether there are any conflicts, actual or perceived. that could compromise their impartiality.

Conflicts may arise if the expert:

• Knows one of the parties involved

• Works within the same organisation as the defendant

• Has previously expressed strong public opinions on the issues in dispute

Even where a conflict does not automatically prevent instruction, transparency is essential. Any potential issue should be disclosed to the instructing solicitor immediately.

3. Am I able to remain objective?

An expert’s duty is to the court, not the instructing party. Experts must therefore ask themselves whether they can provide a balanced and impartial opinion based solely on the evidence.

This means being willing to:

• Identify both strengths and weaknesses in a case

• Revise opinions if new evidence emerges

• Resist pressure to advocate for one side

If an expert feels emotionally invested or unable to approach the matter objectively, it may be inappropriate to accept the instruction.

4. Do I have sufficient time to complete the work properly?

Clinical negligence work is often time-sensitive, but rushed expert evidence can create serious problems. Before accepting a case, experts should realistically assess their workload and availability.

A high-quality report requires time for:

• Reviewing records thoroughly

• Researching relevant guidelines and literature

• Preparing a structured and reasoned opinion

• Responding to follow-up questions or conferences

Missing deadlines or producing incomplete work can damage both the case and the expert’s professional reputation.

5. Are the instructions clear and appropriate?

Experts should ensure that the scope of the instruction is clearly defined before accepting the case. Vague or poorly focused instructions can lead to confusion, inefficiency, and reports that fail to address the key issues.

A proper instruction should clarify:

• The issues to be addressed

• Whether the opinion relates to breach, causation, or both

• The documents and records available

• Relevant timescales and procedural requirements

If instructions are unclear, the expert should seek clarification at an early stage.

6. Do I have enough information to form an opinion?

Before agreeing to proceed, experts should consider whether sufficient evidence is available to undertake a meaningful review.

This may include:

• Clinical records

• Policies or protocols

• Witness statements

• Investigation results or imaging

If key records are missing or incomplete, the expert should highlight this immediately. Accepting a case without adequate information can lead to speculative or unreliable conclusions.

7. Is the case clinically and legally sustainable?

Experts are not responsible for deciding whether a claim succeeds, but they should consider whether the allegations appear capable of supporting a reasonable clinical argument.

This involves asking whether:

• There is an identifiable standard of care issue

• The alleged failings are supported by evidence

• There appears to be a plausible link between breach and harm

If the case appears fundamentally flawed or unsupported, the expert should communicate this honestly and clearly.

8. Can I justify my opinion with evidence and reasoning?

Courts place significant weight on the reasoning behind an expert’s conclusions. A strong opinion must be supported by logic, evidence, and reference to accepted clinical practice.

Experts should ask themselves whether they can:

• Clearly explain how they reached their conclusions

• Support opinions with guidelines, literature, or clinical experience

• Defend their reasoning during cross-examination

Unsupported assertions are unlikely to carry weight and may damage the credibility of the evidence.

9. Am I prepared for the full litigation process?

Accepting instructions may involve far more than writing a report. Experts should understand that the role can extend through the entire litigation process, including conferences, joint discussions, and trial attendance.

Before accepting a case, experts should consider whether they are willing and able to:

• Participate in joint expert meetings

• Respond to written questions

• Attend court if required

• Defend their opinion under cross-examination

Understanding the long-term commitment involved is essential.

10. Does accepting this case align with my professional standards?

Finally, experts should consider whether accepting the instruction aligns with their professional obligations and reputation.

Expert witness work should reflect the same standards of professionalism expected in clinical practice. This includes integrity, transparency, accuracy, and respect for the court process.

Experts who take on unsuitable cases, provide partisan opinions, or fail to maintain professional standards risk reputational damage and potential criticism from the court.

A thoughtful and selective approach ultimately benefits everyone involved - including the expert, solicitor, and client.

Why these questions matter for solicitors

While these questions are aimed at experts, they are equally relevant for solicitors instructing them. A reliable expert witness is not simply someone with clinical experience - they must also demonstrate objectivity, clarity, and procedural understanding.

Solicitors should therefore work with experts who:

• Understand their duties under CPR Part 35

• Provide clear and defensible reasoning

• Communicate effectively and professionally

• Are realistic about timescales and scope of work

Choosing the right expert at the outset can significantly strengthen a case and reduce the risk of difficulties later in litigation.

How Apex Experts supports expert witness quality

At Apex Experts, we recognise that high-quality expert evidence begins with careful expert selection and responsible instruction.

We work with experienced nurse and healthcare professionals who understand the importance of independence, objectivity, and robust clinical reasoning. Our approach ensures that experts are appropriately matched to cases and fully supported throughout the litigation process.

By prioritising quality, clarity, and professionalism, we help solicitors obtain expert evidence that is credible, defensible, and court-ready.

Final thoughts

Accepting expert witness instructions should always involve careful consideration. By asking the right questions before taking on a case, experts can ensure that they are acting within their competence, maintaining professional integrity, and providing evidence that genuinely assists the court.

For solicitors, working with thoughtful and well-prepared experts is essential to building strong clinical negligence claims. The most effective expert evidence comes not from advocacy, but from independent, balanced, and evidence-based opinion.