Letter · Health & Medical Law

Letter of instruction to an independent medical expert on breach of duty and causation (medical negligence)

A letter instructing an independent medical expert to give a liability opinion: the expert's duty to the court, the code of conduct, the documents, neutral assumptions, and questions on peer professional opinion, breach and causation.

Kind
Letter. A letter or email you adapt and send.
Where it applies
New South Wales, Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 5 authorities it cites, for New South Wales and Australia.
Version
1
Source
Written for this library

When to use it

Use when instructing a specialist to give a report on whether a doctor or health service met the standard of care and whether any breach caused the harm, including the supporting report a professional negligence claim in NSW must be filed with. Use a separate letter for quantum experts.

How AI may be used

AI may index the records and prepare the chronology and document list for the brief; the lawyer frames the assumptions and questions, checks the brief is complete and neutral, and signs the letter.

AI may

  • Index and paginate the clinical records and prepare a neutral chronology for the lawyer to verify
  • List the documents enclosed and flag gaps in the records (missing dates, missing imaging)
  • Check the letter against the code of conduct requirements and the court's rules on expert reports

AI must not

  • Must not draft questions or assumptions that suggest the answer or leave out unhelpful facts
  • Must not summarise the clinical issues in a way that replaces the records the expert must read
  • Must not prepare any part of the expert's report, which is the expert's own work and subject to the code's generative AI rules

The lawyer checks

  • The expert practises in the same field as the defendant practitioner at the relevant time, and has no conflict
  • Every relevant record, helpful or harmful, is enclosed, and the chronology has been checked against the records
  • The assumptions are stated neutrally and the questions track s 5O, s 5P and s 5D without leading
  • The code of conduct is enclosed and the expert is told about the court's generative AI rules for expert reports

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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