What Does a Care Expert Witness Do?

Reviewed by: Shaun Major-Preece

Quick answer

A care expert witness provides independent, evidence-based opinion on an individual’s care needs in legal cases.

They assess:

• ›Past, current and future care requirements that arise following injury or illness
• ›Aids, equipment and adaptation requirements
• ›Supervision and support needs
• ›The cost of meeting those needs
• ›Case management input, where this is indicated

Care expert witnesses are usually experienced nurses or occupational therapists. Their duty is to the court, and their report must comply with CPR Part 35.

What is the role of a care expert witness?

A care expert witness assists the court by providing independent opinion on what care is reasonably required as a result of injury or illness.

They are most commonly instructed in:

• ›Clinical negligence claims
• ›Personal injury claims
• ›Industrial disease claims

Their role is not to advocate for either claimant or defendant, but to provide balanced, objective evidence.

What does a care expert witness assess?

Although each case differs, an assessment will usually consider:

• ›Condition and prognosis
• ›Functional ability and activities of daily living
• ›Supervision requirements
• ›Therapy input requirements
• ›Any childcare considerations
• ›Aids and equipment
• ›Case management, where required
• ›Future changes in care needs
• ›The reasonable cost of meeting identified care needs

Care recommendations are generally formed following review of medical records, other expert opinion, witness statements and the care expert’s direct assessment of the individual.

Learn more: What’s Included in a Care Expert Witness Report?

What types of report does a care expert witness produce?

Depending on the case, a care expert witness may be asked to produce different types of report, such as:

• ›Care, Aids, and Equipment (Quantum) Reports — Assessing past, present and future care needs, and the reasonable costs of meeting them
• ›Liability Reports — Assessing whether the standard of care provided met the required legal and clinical standards
• ›Loss of Service Reports — Considering the impact the death or severe impairment of a carer may have on a dependent
• ›Initial Needs Assessments — Providing an early assessment of care, equipment and support needs for a claimant
• ›Reports for Coroners — Independent analysis of standards of care, systems and processes; and contributing factors in cases of unexpected death

Who can act as a care expert witness?

Care expert witnesses that produce quantum and loss of service reports are experienced healthcare professionals, most commonly:

• ›Registered nurses
• ›Occupational therapists

At Tessa Gough Associates, experts instructed in breach of duty, liability and coroners cases are generally from nursing or paramedic backgrounds.

To act effectively as an expert witness, they must combine relevant hands-on clinical experience with an understanding of:

• ›Report writing standards
• ›CPR Part 35
• ›The duty of independence

Do care expert witnesses act for both claimant and defendant solicitors?

Yes. A care expert witness may be instructed by either claimant or defendant solicitors. Sometimes they are instructed 'jointly', taking instructions from both the claimant and defendant parties. Acting for both reinforces objectivity — the expert's duty is always to the court, not to the instructing party.

Learn more: Claimant or Defendant: Why Balanced Expertise Matters in Expert Witness Reports

How Tessa Gough Associates approaches care expert witness work

Tessa Gough Associates provides nurse and occupational therapist expert witnesses for personal injury and clinical negligence cases, working with both claimant and defendant solicitors.

All reports are:

• ›Researched and referenced
• ›Independently reviewed
• ›Prepared with clarity and proportionality

Solicitors have direct access to both the expert witness and our support team throughout the case, not just at the point of instruction.

Learn more: How to Instruct a Care Expert Witness