Neurology
What is a neurology expert witness?
A neurologist is a doctor who specialises in the diagnosis, treatment and management of conditions affecting the brain and spinal cord, and disorders of the nerves and muscles that activate movement and transmit sensations from around the body to the brain. Neurologist expert witnesses are most often instructed to assist in cases where the assessment of the following neurological disorders is required:
- Neurodegenerative disease
- Dementia
- Memory disorders
- Brain injury
- Developmental disorders
- Concussion
- Epilepsy
- Migraine
- Multiple sclerosis
Why might you need to instruct a neurologist expert witness?
Neurology expert witness are most commonly instructed to provide expert evidence in civil cases where there are claims of personal injury and clinical negligence, in cases relating to capacity before the Court of Protection, and in criminal proceedings where neurological disorder may have affected a person’s actions at the material time.
What sorts of cases might a neurologist expert witness take on?
In cases of clinical negligence, a neurologist expert witness might be asked to comment on the neurological care of a claimant. So, for example, if a claim is brought on the basis of alleged misinterpretation of an investigation, such as a CAT (computed axial tomography) scan, an MRI/MRA (magnetic resonance imaging/ magnetic resonance angiography), a lumbar puncture (spinal tap), an EEG (electroencephalography), or an EMG/NVC (electromyography/nerve conduction velocity), a neurologist expert witness may be instructed to establish whether the initial interpretation was negligent. In cases where failure to diagnose or misdiagnosis led to adverse clinical outcomes, the expert evidence of neurologist expert witnesses is key.
In cases of neurological injury, the injury may arise following an number of events, including:
- Falls
- Injuries at work, such as machinery accidents and falling from a height
- Being hit by a falling object
- Being involved in a car accident, either as a pedestrian, road user, cyclist, or motorbike rider
- Assault
In personal injury claims, neurologist expert witnesses are instructed to assess the condition, to establish prognosis, and to comment on causation―or whether the index event contributed to the neurological harm.
Neurologist expert witnesses and criminal proceedings
In criminal proceedings, neurologist expert witnesses may be asked to comment on the effect of neurological disorder at the material time. A common example is the failure to provide a specimen due to an underlying neurological disorder. Other examples include the assessment of blackouts, falling asleep at the wheel, and establishing the potential contributory effect of neurological disorder on aggressive and violent behaviour. More specialist examples include commenting on automatism arising from epilepsy, or epileptic automatism. Epileptic automatism is an example of ‘insane automatism’. A defendant who carries out a criminal offence during the course of a seizure may claim insane automatism; in such cases, a neurologist expert witness will be required to give expert evidence on the presence of epilepsy and the effect at the time of the criminal act.
- Apex’s medico-legal team comprises leading UK brain injury specialists with extensive medical experience.
- Personal injury lawyers choose us because of our award-winning expertise and the pioneering rehabilitation services we provide to our patients.
- We have expertise in neurology, neuropsychiatry, neuroradiology, neuropsychology and all of the supporting neuro–related therapies.