Summary

The Claimant alleged that the Defendant acted negligently in obtaining her consent for laser eye surgery including failing to adequately investigate her ophthalmic condition prior to the surgery.

Learning points

Learning points for experts

• The relevant guidance, consenting practices and professional understanding are those which were current at the time of the alleged negligence.  

• When considering whether to accept an instruction, carefully consider your expertise and experience in the matters for expert evidence.

• If appropriate, make sure you explain clearly to your instructing party how any limitations in your expertise and experience could limit your ability to provide expert evidence on any of the issues in the case.

• If the opposing expert has greater expertise or experience than you in a matter for expert evidence, make sure your instructing party understands that the opposing expert’s evidence may carry more weight with the court on the point or points in question.

Learning points for instructing parties

• Try to instruct the expert witness with the most specific expertise and experience you can in the matters for expert evidence.

• A judge will often prefer practical, hands-on experience over academic research, although this will not always be the case.

• If the opposing expert has greater expertise or experience than your expert in a matter for expert evidence, make sure you discuss this with your expert so that you understand how it might impact the relative strength of their respective evidence.

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