What is… a Condition & Prognosis Report?

In personal injury and clinical negligence cases, accurate medical evidence is the backbone of fair compensation. Solicitors, insurers, and courts all rely on medical experts to explain the impact of an injury, not just at the time it occurred, but also into the future. This is where the Condition & Prognosis Report becomes indispensable.

Prepared by a medical expert, usually in their own specialty, this report provides a structured assessment of a claimant’s current condition and offers a professional opinion on their likely recovery, long-term consequences, and future needs.

In this blog, we’ll explore what a Condition & Prognosis Report involves, how it’s used in litigation, and why it matters for claimants, solicitors, and expert witnesses alike.

Defining the Report: Two Key Elements

As the name suggests, the report is built around two pillars:

1. Condition

The condition section describes the claimant’s current state of health. It typically covers:

• The nature and extent of the injury or illness.

• Symptoms experienced at the time of assessment.

• Treatment received to date (e.g., surgery, physiotherapy, medication).

• The effect on daily living and functional ability.

• Any ongoing symptoms, limitations, or complications.

This section gives the court a clear picture of “where the claimant is now.”

2. Prognosis

The prognosis section looks ahead, setting out the expert’s opinion on how the injury is likely to develop over time. It usually includes:

• Expected recovery timescales.

• Likelihood of full or partial recovery.

• Risk of long-term or permanent disability.

• Anticipated treatment or rehabilitation needs.

• Future risks (e.g., arthritis after a fracture, chronic pain, or risk of deterioration).

Together, these sections allow the court to understand not just the injury itself but its wider and longer-term impact.

Why Condition & Prognosis Reports Matter

The value of these reports lies in how they bridge medical knowledge and legal needs. Courts and legal teams need more than a medical record - they need expert interpretation.

For Claimants

• Provides independent validation of their experience.

• Helps quantify damages by showing how injuries will affect work, independence, and quality of life.

• Offers clarity about future treatment or care needs.

  
  

For Solicitors

• Essential for valuing claims accurately.

• Informs strategy around settlement negotiations.

• Highlights whether other experts may be needed (for example, an orthopaedic surgeon, neurologist, or psychiatrist).

For Courts

• Ensures decisions are informed by objective, professional analysis.

• Anchors awards of damages in medical evidence, not speculation.

The Legal Framework

Condition & Prognosis Reports are often prepared under the requirements of CPR Part 35, which governs expert evidence in civil proceedings. This means:

• The expert’s overriding duty is to the court, not the instructing party.

• Reports must include the expert’s qualifications, the evidence reviewed, and a declaration of truth.

• Opinions must be impartial, reasoned, and evidence-based.

Failure to meet these standards can result in reports being challenged or excluded, which can undermine an entire case.

The Process of Preparing a Report

1. Instruction

The solicitor identifies the appropriate expert and provides them with clear instructions. This may include the issues to address, the specific questions in dispute, and relevant medical records.

2. Medical Records Review

The expert reviews GP notes, hospital records, imaging, test results, and any prior medical history that could influence prognosis.

3. Examination

Most reports include a clinical examination of the claimant. This allows the expert to assess functional ability, pain levels, and any visible injuries.

4. Drafting the Report

The expert structures their findings around the claimant’s current condition and prognosis, clearly explaining how conclusions were reached.

5. Statement of Truth

The report concludes with a formal declaration that the expert understands their duty to the court and has complied with it.

Common Content in a Condition & Prognosis Report

Although each case is unique, most reports contain:

• Expert credentials (CV, experience, specialty).

• Background information (injury circumstances, relevant history).

• Medical records reviewed (with dates and sources).

• Examination findings.

• Opinion on condition (current health status).

• Opinion on prognosis (future outlook, treatment, and risks).

• Impact on daily living and employment.

• Recommendations for further investigation (if needed).

• Statement of truth.

Clinical Negligence vs. Personal Injury Contexts

Although used in both, the emphasis differs slightly:

• Personal Injury: Often focuses on functional impact, recovery timelines, and ability to return to work.

• Clinical Negligence: May address whether negligent treatment worsened the claimant’s condition, and how prognosis differs from what would have been expected with competent care.

In negligence claims, causation is critical: did the defendant’s actions (or omissions) change the outcome? A Condition & Prognosis Report can be pivotal in answering that question.

Challenges and Limitations

Complexity of Prognosis: Predicting the future course of an illness or injury is never exact. Experts must balance evidence with medical judgment and explain the level of certainty (e.g., “likely,” “possible,” “high risk”).

Pre-Existing Conditions: If the claimant had underlying health issues, disentangling their effect from the accident or negligence can be complex.

Need for Multiple Experts: One report may not be enough. For example, a spinal injury might require input from an orthopaedic surgeon, neurologist, and pain specialist.

Potential for Dispute: Where experts for each side give different prognoses, courts rely on cross-examination and joint expert meetings to clarify the issues.

Practical Tips for Solicitors

• Choose the right expert: Match expertise to the specific injury.

• Provide full records: Incomplete records can weaken the report.

• Be clear in instructions: Ask precise questions about condition, prognosis, and future care needs.

• Use reports strategically: They can guide early settlement (screening reports) or form the basis of trial evidence.

Final Thoughts

A Condition & Prognosis Report is more than just medical paperwork. It is a structured, impartial analysis that helps courts, solicitors, and clients understand both the present reality and the future consequences of an injury or illness.

In personal injury and clinical negligence claims, these reports shape strategy, settlement, and outcomes. They clarify the medical facts, quantify the impact, and provide the evidence courts need to deliver justice.

For solicitors, choosing the right expert and ensuring a clear, CPR-compliant report is critical. For experts, these reports are an opportunity to provide impartial, accessible, and authoritative evidence that can make or break a case.