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Practice

How to instruct a medical expert witness

A practical guide to instructing a medical expert witness: choosing the expert, the letter of instruction, records and timescales.

1. Identify the question

Start with what the court needs to know. A clear question leads to the right expert and a focused report.

2. Choose the discipline

Match the question to the expert: psychiatry for mental illness, psychology for cognition and vulnerability, a GP or consultant for medical conditions.

3. Check timescales and funding

Confirm availability against the court timetable and obtain prior authority where needed.

4. Write the letter of instruction

Set out the background, the specific questions, the documents provided and the deadline. Remind the expert of their duties under CrimPR Part 19.

5. Provide the records

Send medical, prison healthcare and relevant case papers securely, with the defendant's consent where required.

6. Review the report

Check that each question is answered and that the report contains the required declarations. Raise clarification questions promptly.

Send us an instruction and we will manage these steps for you.

General information for solicitors. Not legal advice.

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