Psychiatric expert witness for clinical negligence claims

Independent psychiatric evidence on breach of duty, causation and psychiatric injury, where mental health care went wrong or negligent physical treatment caused psychological harm. For claimant, defendant and single joint expert instructions.

A long, empty hospital corridor with light on the floor

Dr Pradhan is regularly instructed in clinical negligence claims where the core issue is whether substandard treatment, delayed intervention, poor risk assessment or failures in follow-up caused avoidable psychiatric harm. Her reports address diagnosis, chronology, the psychiatric injury and its cause, apportionment, prognosis and the effect on daily life.

She is an NHS Consultant Psychiatrist in Birmingham with 25 years’ experience in psychiatry, and is FRCPsych and section 12(2) approved, APIL Tier 1 recommended and dual-accredited for claimant and defendant work. Solicitors instruct her when they need a clear report that stands up in conference, joint discussion and court.

What solicitors get

  • Breach and causation on psychiatric care
  • Psychiatric injury after any negligent treatment
  • Reports usually 1–2 weeks from assessment
  • Fixed fees and a free screening call

The questions every clinical negligence claim raises

A claim must prove breach of duty, causation and the injury. The psychiatric evidence deals with each, based on the records and, for the injury, an assessment of the claimant:

  1. Did the care fall below the standard accepted as proper by a responsible body of practitioners at the time?
  2. Would reasonable care probably have avoided the harm, or some of it?
  3. What psychiatric injury has resulted, and what are the treatment needs and prognosis?

Dr Pradhan gives breach opinions on psychiatric care. Where the care in question was given in another specialty, the standard is for an expert in that field, and her report addresses the psychiatric injury and its cause.

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Assessments used in clinical negligence claims

Many claims need a liability report on the care and a condition and prognosis report on the injury. These pages explain each part in more detail.

Send a short outline of the claim and the questions for the expert, and Dr Pradhan will say which report the case needs and confirm a fixed fee.

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Time limits across the UK

Most clinical negligence claims must be brought within three years, but the start date and the exceptions differ by jurisdiction, and some of them turn on psychiatric evidence. Human Rights Act claims, such as Article 2 claims after a death, must be brought within one year, which the court can extend where it is equitable.

England and Wales

Three years from the injury or, if later, the date of knowledge, with a discretion to extend. Time does not run against a child until 18, or against someone who lacked capacity to conduct proceedings when the claim arose until they recover it.

Scotland

Three years from the injury or from when the pursuer knew, or could reasonably have known, the essential facts, with a discretion to allow a late action. Time under legal disability through age or unsoundness of mind is disregarded.

Northern Ireland

Three years from the date the claim arose or, if later, the date of knowledge, with a discretion to extend and similar rules for children and people who lack capacity.

The psychiatric evidence

The psychiatric evidence can show whether the claimant lacked capacity when the claim arose, and give the psychiatric reasons for a late claim where the court’s discretion is in issue.

Dr Pradhan is a highly regarded psychiatric expert whose reports are consistently detailed, thorough and of high quality.
Jade Elliott-Archer, Irwin Mitchell LLP

Clinical negligence questions

If your question is not answered here, call and Dr Pradhan will advise on scope and timescale.

Call 0121 752 6065
What does a psychiatric report in a clinical negligence claim cover?

Depending on the instructions, breach of duty and causation in psychiatric care, and the psychiatric injury: the diagnosis, how much of it the negligence caused, apportionment with earlier problems, the treatment needed and the prognosis. Send a short outline of the claim; once the instruction is agreed, Dr Pradhan will confirm how to send the records.

Does Dr Pradhan comment on care outside psychiatry?

Not on its standard, which is for an expert in the same field. She assesses the psychiatric injury that care caused, and how much of the claimant’s condition is due to it.

Can Dr Pradhan assess consent and capacity issues?

Yes. She provides evidence on whether the patient could understand, retain, use or weigh the information and communicate the treatment decision at the material time, and on how mental disorder, cognitive impairment, medication, delirium or acute distress affected their decision-making.

Does Dr Pradhan act for defendants?

Yes. She is dual-accredited for claimant and defendant work, so she can be instructed by solicitors acting for a healthcare provider as well as for the patient, and she is regularly appointed as a single joint expert. Her opinion is independent of the party that instructs her.

Does Dr Pradhan assess children?

She assesses adults aged 18 and over. Where the claimant is still a child, the assessment can be arranged through the child psychiatrists in her network; call to discuss the case.

How quickly can a report be delivered?

Usually 1–2 weeks from assessment, and urgent reports can often be provided in 2–5 working days where the papers and appointment can be arranged promptly. Liability reports depend on the volume of records, and Dr Pradhan will say at the outset whether your deadline is realistic.

What are the fees and funding options?

Fixed fees with no hidden charges, and flexible or deferred payment terms where appropriate. Legal aid (LAA), CFA or insurance-backed, private, and council, court or CPS-funded instructions are accepted.

Instruct Dr Pradhan on a clinical negligence claim

Send a short outline of the claim and the issues, the funding route and any limitation or hearing dates.

Please do not include medical records or a detailed personal history in this form. Dr Pradhan will confirm how to send the papers once the instruction is agreed.

Case enquiry

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