Independent experts give opinions on whether care met the expected standard, what caused the injury, and what the person now needs. Lawyers usually brief separate specialists for each question, because no single clinician is qualified to answer all of them.
Obstetric, midwifery and neonatal opinions
Questions about antenatal care, labour management, fetal monitoring and the timing of delivery usually go to an obstetrician or an experienced midwife, depending on who provided the care being examined. Questions about resuscitation, newborn monitoring, feeding, jaundice or transfer to a special care nursery usually go to a neonatologist or paediatrician.
These experts are generally asked to assess care against practice accepted at the time it was given, not against guidelines published later. For example, the fetal surveillance guideline used for general education today may differ from the version that applied at the date of birth.
Neurology, imaging and development
Where a child has a brain injury or a condition such as cerebral palsy, a paediatric neurologist, neuroradiologist or developmental paediatrician may be asked to describe the injury pattern, interpret scans and comment on how the condition is likely to progress. Cerebral palsy has many possible causes, so this evidence is often central and is rarely straightforward.
Separating breach from causation
Showing that care fell below the expected standard is a different question from showing that the shortfall caused the injury. An obstetric expert might criticise a delay, for instance, while a neurology expert concludes that the injury probably happened earlier. Lawyers frame separate questions for each issue so that every opinion stays within its author's expertise.
Courts also expect experts to be independent. Their duty is to assist the court, not to advocate for the party paying for the report.
Care, therapy and economic experts
Once the injury and its effects are understood, other professionals may assess what support the person needs. Occupational therapists commonly prepare care and equipment reports. Physiotherapists, speech pathologists, architects specialising in home modifications and accountants may also contribute, depending on the losses claimed.
- Occupational therapist: daily care, equipment, home and transport needs
- Speech pathologist: communication and swallowing support
- Accountant or economist: lost earning capacity calculations
What an independent report contains
A medico-legal report usually lists the material the expert reviewed, the assumptions they relied on, their reasoning and any limits on their opinion. Families may be asked to attend an examination or interview. Treating clinicians can provide records and reports too, but their role differs from that of an independent expert who is briefed specifically for the claim.
For your next conversation
- Complete hospital records covering pregnancy, labour and the newborn period
- CTG traces and any digital monitoring data
- Brain imaging and the radiology reports
- Current treating specialist and therapy reports
- Questions you want to raise about any expert examination arrangements
Common questions
Can our own paediatrician write the expert report?
Treating doctors can provide valuable reports about diagnosis and treatment. Lawyers usually also brief independent experts, partly to avoid straining the treating relationship and partly because opinions on standard of care and causation call for specific medico-legal expertise and independence.
Will my child need to be examined by unfamiliar doctors?
Sometimes. Care, neurology or therapy experts may need to see your child in person, and the other side may request its own examinations. Ask your lawyer how appointments will be arranged, what supports or adjustments are available, and whether any interview can be kept short.
Sources & further reading
- Healthdirect: cerebral palsy (opens in a new tab)
- RANZCOG: fetal surveillance guideline (opens in a new tab)
These references support the topic’s starting points. They do not determine the facts, standard of care or law applicable to an individual matter.