In the fourth article in the Working with expert witnesses series, Michael Kingman from Setfords Solicitors, discusses his experience of working with expert witnesses in clincal negligence. 

In his March 2026 article, Thomas Hamilton provides a clear exposition of the expert's role and best practice in serious injury litigation when acting for claimants. In clinical negligence claims, the role of the medical expert is even more critical, as expert evidence is required on breach of duty, causation, and condition/prognosis. This article offers selective comments on the practice and procedure relating to medical evidence, based on the author's experience, with the aim of providing practical guidance and, where appropriate, prompting reflection.

The judgment dealt with two test cases and a number of generic issues arising from a series of claims brought by former members of the military for damages for noise induced hearing loss (‘NIHL’). The judge preferred the evidence of the defendant’s employment expert who had more relevant experience and knowledge and engaged more critically with the evidence.