medical negligence

[finishthebottle]

After four years I was due to start negotiations to settle my medical negligence claim.

My expert had to meet with the defendants experts to discuss the claim.
I have just been informed that my expert has completely changed his mind and has gone back on everything he has previously said.

My solicitor has just said " this sometimes happens". I am so upset and shocked. A few weeks previous to this I had a meeting with my barrister and the expert and they both agreed I had a very strong case.

Is there anything I can do? I am now liable for the defendents costs. Although this will be met by my insurance company. I feel that my solicitor should have qualified my experts opinion before it got this far. They said that they did but he is entitled to change his mind.

Advice will be gratefully received.


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[finishthebottle]

Anyone??

[VivaLeBeaver]

Can't they find another expert?

[finishthebottle]

Thank you for replying. I think that the case is too far down the line and it also depends on my insurance co funding
It is so annoying because he was so strong in his opinion before he sat down with their guys.
I would never have started this if it wasn't for his insistance that this doctor had really messed up.

[VivaLeBeaver]

Makes you wonder why the expert changed his mind. I think he owes you an explanation.

[finishthebottle]

Yes I think he does. I'm not sure if I can contact him directly. Just so upset at the moment and baffled. This has taken up four years of my life.
Would you try and contact him? Don't know if it will help to be honest

[VivaLeBeaver]

I'd try and contact him.

I'm sorry. Must be really upsetting.

[finishthebottle]

Thank you

[girlynut]

You have no authority to contact your expert as he's been instructed by your solicitor and is paid by your insurer. If you want to pay for further expert opinion then you'll have to pay for it yourself. Clinical negligence claims are notoriously hard to prove and if your own expert thinks there are weaknesses in your case then you're unlikely to succeed at court. If your solicitor has not provided sufficient information on the merits of your case go back and ask for a more thorough explanation.

[DazzleII]

Might your expert have been "got at"? eg by a drug company/interested party? Told it would ruin his career to act for you?

[Moreisnnogedag]

I doubt that dazzle. Much more likely is that he's seen the weight of the argument that the other experts are planning on using, realised that he couldn't convince a judge enough and didn't want to go through the hassle of a court case. If the other experts are seen as more specialists in the field and are countering with peer reviewed evidence it'll be hard to get a judgement in favour of negligence, which is hard to do anyway.

OP that's not to say that you aren't right about the treatment you received, just that negligence is hard to prove in a legal setting.