Frequently Asked Questions

Your Questions, Answered

Everything you need to know about our medicolegal expert witness services, report process, and how to instruct us.

General

About Our Expert Witness Services

A medicolegal expert witness is a qualified clinician instructed by solicitors or the court to provide an independent, objective opinion on medical matters in legal proceedings. The expert’s overriding duty is to the court, not to the instructing party.

Prof. Sandip Hindocha is a Consultant Plastic & Reconstructive Surgeon with dual NHS and private practice. He holds fellowships from the Royal College of Surgeons of England and Edinburgh, has authored peer-reviewed publications in scarring and wound healing, and is fully trained in his duties as a CPR Part 35 expert witness.

We accept instructions in road traffic accident injuries, scarring and burns, hand and upper limb trauma, nerve injury, facial reconstruction, dog bites, industrial accidents, aesthetic complications, post-operative complications, and clinical negligence involving plastic and reconstructive surgery.

Standard reports are produced within 4–6 weeks of examination. Expedited turnaround within 2 weeks is available on request, subject to scheduling. Cases with a court deadline are accommodated with sufficient advance notice.

Road Traffic Accidents

Road Traffic Accident Reports

We assess glass and windscreen lacerations, airbag burns and abrasions, facial soft tissue trauma, hand and wrist injuries, fuel fire and chemical burns, crush injuries and degloving, traumatic amputations, and post-operative outcomes following road traffic accident injuries.

Yes. We assess both acute injuries and settled scars. For older injuries, we evaluate the current presentation, functional limitation, prognosis for improvement, and any permanent deficit. Photographs from the time of injury are helpful but not essential.

Reports include: a factual history of the accident and injuries; clinical examination findings; causation opinion; prognosis and expected recovery timeline; functional and aesthetic impact; and recommendations for further treatment where relevant. All reports comply with CPR Part 35.

Yes. Prof. Hindocha is available for court attendance, joint expert statements, and CPR 35.6 written questions. All reports are drafted to withstand cross-examination and follow the Protocol for the Instruction of Experts to give Evidence in Civil Claims.

Single Joint Expert

Single Joint Expert (SJE)

A Single Joint Expert (SJE) is an expert witness instructed jointly by both parties under CPR Part 35. Rather than each side appointing their own expert, the SJE provides one independent report, reducing cost and delay. The SJE’s duty is to the court, not to either party.

Courts typically direct the SJE route in lower-value personal injury, scarring, and soft-tissue cases where the medical issues are relatively contained. The judge may order an SJE at the case management conference or allocation stage.

Yes. Under CPR 35.6, each party may put written questions to the SJE within 28 days of the report being served. The answers form part of the expert’s report and carry the same evidential weight as the original opinion.

SJE fees are typically split equally between the parties unless the court orders otherwise. We provide a clear fee schedule upfront so both sides can agree before instruction proceeds. Proportionate fee structures are available for lower-value claims.

Instructions & Process

Instructions & Process

Contact us via the enquiry form or telephone. Provide the claimant’s details, a brief case summary, and the documents available. We will confirm availability and issue a letter of instruction template within 24 hours of initial contact.

Typically: GP and hospital records, police report (for RTA cases), photographs of injuries, any previous expert reports, and the letter of instruction. We advise on any gaps in documentation before scheduling the clinical examination.

Examinations are conducted at our Harley Street clinic in central London. Regional locations can be arranged on request. Remote video assessment is available for appropriate cases, particularly addendum reviews and follow-up consultations.

Yes. All reports include the expert’s declaration of truth, comply with CPR Part 35 and the accompanying Practice Direction, and follow the Protocol for the Instruction of Experts to give Evidence in Civil Claims. Prof. Hindocha is fully trained in his duties as a court-appointed expert.

Scarring & Scar Reports

Scarring & Scar Assessment

Scars are assessed on objective clinical criteria including size, depth, colour, texture, contour irregularity, and the presence of hypertrophy or keloid formation. Functional impact — such as restricted movement, pain, or altered sensation — is documented alongside aesthetic disfigurement, giving the court a complete picture of the injury burden.

Yes. Prognosis is a core element of every scar report. This includes the expected trajectory of maturation (typically 18–24 months post-injury), the likelihood of improvement or permanent disfigurement, and whether scar revision surgery or laser treatment is likely to benefit the claimant. Prognosis directly informs quantum.

A hypertrophic scar remains within the original wound boundary and may soften over time. A keloid scar extends beyond the wound margins and characteristically continues to grow, often requiring active treatment. The distinction is clinically and legally significant — keloids carry a poorer prognosis and a higher treatment burden, which affects the damages calculation.

Yes. Where scarring causes documented psychological distress — such as anxiety, low self-esteem, or social withdrawal — this can be noted in the surgical report. For a formal psychiatric assessment we recommend instructing a separate psychological expert, but our report can reference the claimant’s reported psychological impact to support that instruction.

Report Content & Standards

Report Content & Standards

The Statement of Truth is a mandatory declaration under CPR Part 35 confirming the expert understands their overriding duty to the court, has complied with that duty, and that the facts stated in the report are true. Without it, the report is not CPR-compliant and cannot be relied upon in proceedings.

A condition and prognosis (C&P) report assesses the claimant’s injuries, current clinical presentation, functional impact, and future outlook. A liability report addresses whether a breach of duty occurred and caused the alleged harm. Most RTA and SJE cases require a C&P report only; clinical negligence cases typically require both liability and causation opinions.

Yes. An addendum report can address new evidence, updated medical records, or additional questions from either party. Addendum reports are common following further surgery, completed rehabilitation, or when a joint statement between experts identifies areas requiring further comment.

Where each party has instructed separate experts, the court may direct them to meet and produce a joint statement identifying points of agreement and disagreement. Prof. Hindocha is experienced in expert round-tables and joint statements. All positions taken are grounded in clinical evidence and capable of withstanding scrutiny at trial.

Clinical Negligence

Clinical Negligence

Yes. Prof. Hindocha accepts clinical negligence instructions where the alleged negligence involves plastic and reconstructive surgery, wound management, scarring complications, or related surgical procedures. He can provide both liability and causation opinions, drawing on his active consultant practice.

The Bolam test asks whether a clinician’s conduct fell below the standard of a responsible body of practitioners in that specialty. In surgical cases, the expert must consider whether a responsible body of surgeons would have acted in the same way — not simply whether the approach was the only acceptable one. The Bolitho refinement adds that the body of opinion must be capable of logical justification.

Causation requires proof that the breach of duty caused the claimant’s harm on the balance of probabilities — the “but for” test. In surgical cases this often involves analysing whether the outcome would have differed had a different approach been taken, requiring careful review of operative notes, post-operative course, and the available evidence base.

Clinical negligence reports are more complex than condition and prognosis reports and require full review of the medical records. Standard turnaround is 6–8 weeks from receipt of complete documentation. We advise instructing solicitors to ensure all records — including operative notes and discharge summaries — are obtained before formal instruction.

Fees & Practicalities

Fees & Practicalities

Fees are charged on a fixed or hourly basis depending on report type and complexity. Typical components include records review, clinical examination, report preparation, and court attendance where required. A detailed fee schedule is provided on request and all fees are agreed in advance of instruction.

In successful claims, reasonable expert witness fees are generally recoverable as part of the costs order. Fees must be proportionate to the value and complexity of the claim. We are familiar with costs recovery principles and draft reports with proportionality in mind, which reduces the risk of fees being challenged on assessment.

A Part 36 offer is a formal settlement offer with specific cost consequences if not beaten at trial. It does not directly affect the expert’s duties or the contents of the report, but if the matter proceeds to trial after a Part 36 offer has been made, the court’s approach to costs can become more significant — which is one reason parties often seek to settle once an expert report is served.

Remote video consultations are available for appropriate cases — primarily addendum reviews, written question responses, and follow-up assessments where a physical examination is not required. Initial medico-legal examinations for condition and prognosis reports are conducted in person at our Harley Street clinic in central London.

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Still Have Questions?

Contact our medicolegal team directly. We respond to all enquiries within one working day.