Frequently Asked Questions

What types of case do you accept?

Instructions are accepted in clinical negligence and personal injury matters involving paediatric neurosurgery. This includes hydrocephalus and shunt complications (including in young adults whose hydrocephalus began in childhood), traumatic brain injury in children, paediatric spinal disorders, paediatric brain tumours, and paediatric cerebrovascular disease.

Do you act for claimants or defendants?

Both. Instructions are accepted from claimant and defendant solicitors and from insurers. The expert's duty is to the court and is unaffected by which party instructs.

Will you accept single joint expert instructions?

Yes. Single joint expert instructions are accepted on the same basis as party-appointed instructions. The letter of instruction should be agreed between the parties, and correspondence and any subsequent questions shared with all instructing parties.

How do you handle conflicts of interest?

Instructions are declined in three circumstances: where I have had any personal clinical involvement in the claimant's care; where the claim concerns the Trust at which I currently hold a post; and where the claim concerns a Trust at which I was previously employed and the care in question fell within my period of employment there. Claims concerning a former Trust that arise from periods outside my employment can be accepted. Dates of all posts are set out on the profile page and in the downloadable CV. Please state the treating Trust and the relevant dates at the point of first enquiry so that any conflict can be identified before instruction rather than after papers have been sent.

Can you examine the claimant?

No. This is a records-based practice; instructions are accepted on a records and papers basis. Claimants are not examined. In practice this means opinion is provided on breach of duty and causation rather than condition and prognosis reports that depend on examination.

How are your reports prepared?

Reports are prepared in accordance with Part 35 of the Civil Procedure Rules, Practice Direction 35, and the Civil Justice Council's Guidance for the Instruction of Experts in Civil Claims. Each report carries a statement of truth and the expert's declaration of duty to the court, and addresses the questions raised in the letter of instruction.

What is your turnaround time?

The usual timescale is approximately four to six weeks from receipt of all relevant papers. If that is not achievable given current clinical commitments, this is confirmed at the outset rather than after instruction. Cases with court-imposed timetables can be accommodated where reasonable notice is given.

What do you need in order to prepare a report?

A letter of instruction setting out the questions to be addressed, the relevant medical records, imaging and imaging reports, any operative notes, and a chronology or index where one exists. If anything material is missing this is raised before work begins.

Do you review the imaging yourself?

Yes. Imaging is reviewed directly alongside the formal radiology reports, and the neurosurgical significance of the findings is addressed. Opinion is given as a neurosurgeon who uses imaging to make operative decisions, not as a neuroradiologist. Where a case turns on whether a radiologist's interpretation or reporting fell below a reasonable standard, that is a matter for a neuroradiology expert and will be identified at the enquiry stage.

What happens if further records arrive after the report is served?

Further material is reviewed and, where it affects the opinion, a supplementary report or an addendum is provided. If the new material changes the opinion, instructing solicitors are told promptly and in writing, in accordance with the continuing duty under Part 35. Work of this kind is charged on the same basis as the original instruction.

Can you accept urgent instructions?

Sometimes, but this depends on current clinical commitments and is confirmed case by case rather than promised in advance. Where a court deadline is already fixed, please give the date at the point of first enquiry so that achievability can be confirmed before instruction rather than after papers have been sent.

What geographical areas do you cover?

Instructions are accepted from firms across England and Wales, and the work itself is undertaken remotely from the records. Attendance in person — conference with counsel, experts' discussions or court — is arranged as required, with travel charged at cost.

How much do you charge?

Fees are charged on a time or item basis according to the work required. A full fee schedule is available on request and is agreed in advance of any instruction being accepted. All invoices are issued by Richards Medico Legal Ltd.

Do you accept Legal Aid Agency rates?

Yes. Legal Aid Agency-funded instructions are accepted. Where the prescribed rates would not be adequate to the complexity of the case, the need for prior authority can be discussed before instruction. Please raise funding at the point of first enquiry so that it is settled before papers are sent.

Will you answer Part 35 questions and take part in joint statements?

Yes. Answering Part 35 questions, taking part in experts' discussions and preparing joint statements, and attending conference with counsel can all be undertaken as part of an instruction, and are charged on the same basis as report preparation.

Will you attend court?

Yes, where reasonable notice is given. Availability for a specific hearing window should be confirmed at the point of instruction so that clinical commitments can be arranged around it.

What falls outside your expertise?

Opinion is confined to paediatric neurosurgical practice. Matters turning primarily on neuroradiological interpretation, neurorehabilitation, paediatric neurology, or adult neurosurgical practice are better directed to an expert in the relevant field. The one exception is hydrocephalus that began in childhood, which is accepted into young adulthood; normal pressure hydrocephalus and idiopathic intracranial hypertension are not. I do not currently accept instructions concerning suspected non-accidental injury. If a case falls outside this scope it will be declined at the enquiry stage rather than after instruction.

Do you hold professional indemnity insurance?

Yes. Professional indemnity insurance is held for medico-legal expert witness work. Details are available on request.

How do I instruct you?

Email contact@richardsmedicolegal.co.uk with a brief summary of the clinical issues, whether the instruction is for claimant or defendant, the approximate volume of records, and any court deadlines. A response confirming whether the matter falls within my expertise, my availability and indicative timescales follows within two working days.