---
title: "Screen a proposed liability expert against the peer the section describes"
url: "https://ailawframework.com/practice/health-and-medical-law/screen-a-proposed-liability-expert-against-the-peer-the-section-describe"
type: "task"
site: "AI Law Framework"
id: "A32-MN20261023-4"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Screen a proposed liability expert against the peer the section describes

> From the proposed expert's field, the year of the treatment, and the field of the practitioner whose care is in issue, make a table against the peer words in the section the lawyer names, and where the opened section…

Canonical page: https://ailawframework.com/practice/health-and-medical-law/screen-a-proposed-liability-expert-against-the-peer-the-section-describe  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Health & Medical Law](https://ailawframework.com/practice/health-and-medical-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the proposed expert's field, the year of the treatment, and the field of the practitioner whose care is in issue, make a table against the peer words in the section the lawyer names, and where the opened section requires a specialist registrant for a pre-court report, record whether the proposal describes one. Do not decide that the opinion would be widely accepted, unreasonable or irrational, and do not draft the report. |
| What the lawyer must review | The lawyer decides whether the proposed expert is a peer, and whether the opinion can be used. The tool does not draft the report and does not write the opinion. In New South Wales, draw Practice Note SC Gen 23 to the expert's attention before instructing. Health information stays in a firm-controlled tool, not a public one. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the opened sections and check for a difference the table has missed.

- What the AI does: From the proposed expert's field, the year of the treatment, and the field of the practitioner whose care is in issue, make a table against the peer words in the section the lawyer names, and where the opened section requires a specialist registrant for a pre-court report, record whether the proposal describes one. Do not decide that the opinion would be widely accepted, unreasonable or irrational, and do not draft the report.
- What the lawyer does: The lawyer decides whether the proposed expert is a peer, and whether the opinion can be used. The tool does not draft the report and does not write the opinion. In New South Wales, draw Practice Note SC Gen 23 to the expert's attention before instructing. Health information stays in a firm-controlled tool, not a public one.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Match the proposed expert's field to the field of the practitioner whose care is in issue, at the time of the service.
2. Do not write 'in Australia' into the Queensland section 22(1) row. Do not drop those words from the Victorian or New South Wales row.
3. For a Queensland part 1 report, record whether the proposal is a specialist registrant. Section 9A(10) still means a failure-to-warn allegation need not be in that report.
4. Do not draft the report. In New South Wales, the instruction must draw Practice Note SC Gen 23 to the expert's attention.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- Health information stays in a firm-controlled tool. Rule 9.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, as described by the Victorian Legal Services Board and Commissioner, and APP 11, apply. The lawyer decides whether any loss is notifiable under the Privacy Act 1988 (Cth).
- Practice Note SC Gen 23 paragraph 10 says generative AI must not be used to generate the content of an affidavit or witness statement. That prohibition is not relaxed by this screening task.

## Sources

- [Wrongs Act 1958 (Vic) s 59](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s59.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 5O](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5o.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 22](https://www.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s22.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) s 9A(9)(d) and (14)](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s9a.html) (checked 2026-10-23)
- [Supreme Court of New South Wales Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/content/dam/dcj/ctsd/supreme-court/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)
- [Supreme Court of Victoria Practice Note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/health-and-medical-law/screen-a-proposed-liability-expert-against-the-peer-the-section-describe/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/health-and-medical-law/screen-a-proposed-liability-expert-against-the-peer-the-section-describe/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/health-and-medical-law/screen-a-proposed-liability-expert-against-the-peer-the-section-describe/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*