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, 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, correspondence should be copied to both, and questions under Part 35.6 may be put by either party.

How do you handle conflicts of interest?

Instructions are declined in three circumstances: where there has been any personal clinical involvement in the claimant's care; where the claim concerns the Trust at which Mr Richards currently holds a post; and where the claim concerns a Trust at which he was previously employed and the care in question fell within his period of employment there. Claims concerning a former Trust that arise from periods outside his employment can be accepted. Dates of all posts are set out on the profile page. 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. Instructions are currently accepted on a records and papers basis only. Matters requiring a clinical examination of the claimant cannot be accepted at present. In practice this means opinion is provided on breach of duty and causation rather than condition and prognosis reports that depend on examination.

Are your reports compliant with Part 35?

Yes. All 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.

What is your turnaround time?

Reports are typically prepared within four to six weeks of 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.

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?

Legal Aid Agency-funded instructions are considered on a case-by-case basis, including applications for prior authority where the complexity of the case warrants it. Please raise funding at the point of first enquiry so that it can be addressed before instruction.

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 are all within the scope of 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. 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. Richards Medico Legal Ltd holds professional indemnity insurance directly for its medico-legal expert witness work, and Mr Richards additionally holds personal medical indemnity for his clinical practice. Details of either 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 Mr Richards' expertise, his availability and indicative timescales follows within two working days.