I mean, I don’t disagree about ethical responsibility, but the job of the legal team and the disclaimer is to prevent, as far as possible within the law, legal liability.
I’m 100% speculating here, but I can imagine the legal team, for instance, asking RW to insert the consultant saying ‘I believe you have CBD’, not ‘You have CBD’. And to have him say immediately afterwards that he can’t be sure because the only test is post-mortem. And to make it plain that the consultant thinks that Moth’s condition, if it is CBD, is atypically slow in its progression.
And that the improvement apparently caused by the walk (though from what I remember, no medical authority corroborates this improvement in TSP?) isn’t one other people could replicate unless they’re able to spend every day walking long distances carrying a heavy weight. During the winter between the two stints, RW lists all the things they did to try to replicate the path (gym, long walks, exercise bike), but says they didn’t work.
In fact, during the time at Polly’s, they also revisit the consultant who not only doesn’t register any improvement in Moth, but actually tells him he’s accelerated his own decline and that he’s ’in denial’ about having imagined he was improving.
So no medical authority in TSP actually makes a firm diagnosis, sees any improvement in Moth, or thinks he’s anything other than deluded about any improvement on the path. So we’re left with RW’s ‘subjection opinion’ as in the disclaimer.
(The claims about the brain scans in Landlines, on the other hand, sound far more problematic. I haven’t read that in detail, but I can’t imagine what the legal team was thinking…)