Choosing the right expert witness can make or break a case. We look at what makes an expert the right fit - and how Tessa Gough Associates ensures you find them.
When it comes to personal injury and clinical negligence cases, expert evidence can be the difference between success and failure.
But not all expert witnesses are created equal.
It means that choosing the right expert – one with relevant experience, legal understanding and the ability to communicate clearly – can significantly strengthen your case.
With over 37 years in the industry, we understand just how important this decision is - and that’s why so many legal professionals rely on us to find the right expert for their case.
An effective expert witness is more than a clinical professional. They must be able to:
The wrong expert – even if clinically experienced – can put your case at risk.
Two recent judgments – Parsons v Isle of Wight NHS Trust (2023) and Beatty v Lewisham & Greenwich NHS Trust (2023) – showed us just how important expert impartiality, report clarity and domain-specific knowledge are to the outcome of a case.
In Parsons, the claimant’s expert, Mr John Scurr, was criticised by the judge for failing to provide a clear and reasoned explanation for their conclusions.
Ultimately, it meant the judge preferred the defendant’s expert - not because the claimant's expert lacked clinical experience, but because their evidence was not presented in a structured or persuasive way.
“... perhaps Mr Scurr’s most egregious shortcoming was to reach an opinion in his main report without properly analysing [the defendant surgeon’s] witness statement.”
Similarly, in Beatty, the claimant’s vascular expert, Dr McCrirrick, was criticised for partiality. The court rejected their evidence, noting that it appeared more like advocacy than objective expert opinion.
Under questioning, Dr McCrirrick:
“... apologised for stepping outside his field of expertise and adopting the judicial function.”
The defendant’s expert, in comparison, was seen as balanced, relevant, and directly aligned with the clinical questions at hand. Their evidence was preferred.
Both cases provide a clear warning: an expert witness must not only be qualified, but also able to produce a well-reasoned, unbiased and clinically-evidenced report.
Without that, even the strongest legal arguments can be weakened.
When an expert is properly matched to a case, the benefits are clear:
At Tessa Gough Associates, we don’t simply choose an expert at random. From the moment you enquire, we:
Our team of in-house researchers also support our expert witnesses by reviewing reports to be sure of accuracy and quality across the board.
We know that the best outcomes start with the right expert. And whether claimant or defendant, we’ll help you find an expert to ensure your case reaches the right outcome.
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