Breach of Duty Reports
A full cardiology liability opinion for clinical negligence claims, applying the Bolam test as refined by Bolitho against the guidance current at the time of the alleged failing. CPR Part 35 compliant and written for trial use.
- CPR Part 35 compliant
- Bolam and Bolitho
- Fixed fee available
Assess whether cardiology care
fell below accepted standards
A breach of duty report tests each pleaded failing against the standard of care that applied — referenced to the NICE and British Cardiovascular Society guidance current at the time of the care, not today.
Each report is prepared under CPR Part 35 and Practice Direction 35, with the expert’s overriding duty owed to the court.
- Post-screening instructions where a positive merits opinion has graded prospects as good or moderate and the full liability opinion is the next step.
- Direct instructions on liability where the breach question is clearly identified and a screening stage is not required.
- Defendant work where the trust or its insurers need an independent view on whether the care can be defended on Bolam grounds.
- Pre-trial finalisation where the report will be relied on at trial and must withstand cross-examination on methodology, references and reasoning.
What our reports cover.
A breach of duty report answers the question of negligence and stops there. It does not address whether the breach caused the injury — that is the role of a causation report, or a combined opinion where the two questions are tightly linked.
Assessed against standards
- Whether the cardiology care fell below accepted practice under the Bolam and Bolitho framework — whether a responsible body of cardiologists would have acted as alleged.
- The standard of care that applied at the time of the alleged failing, referenced to contemporaneous NICE and British Cardiovascular Society guidance.
- Clear findings on each pleaded breach — inside or outside the range of responsible practice — including any departures that emerge from the records but are not pleaded.
- Whether the records support the care provided, including ECG interpretation, troponin timing, and PCI door-to-balloon times.
- A signed CPR Part 35 statement of truth and declaration of duty to the court.
Not addressed
- Whether the breach caused or materially contributed to the injury — that is a separate causation report under CPR Part 35.
- Condition and prognosis, quantum or financial valuation of the claim — condition and prognosis reports follow.
- Examination of the claimant — breach of duty reports are records-based.
Where we are regularly instructed
- Claimant · A&E
Failure to investigate suspected ACS
Chest pain discharged after a single negative four-hour troponin, without ECG repeat or twelve-hour troponin; completed myocardial infarction within 48 hours. The report addresses whether the initial workup met the contemporaneous standard for acute coronary syndromes.
- Claimant · Primary care
GP management of newly diagnosed AF
Paroxysmal atrial fibrillation diagnosed in primary care; stroke-risk scoring not formally completed, no anticoagulation, no cardiology referral; embolic stroke six months later. The report addresses whether the primary care management met the contemporaneous AF anticoagulation standard.
Often paired with: Causation Atrial fibrillation
- Claimant · Interventional
PCI procedural complication
Coronary perforation during elective percutaneous coronary intervention, leading to tamponade and emergency surgery. The report addresses whether the operator’s technique, lesion selection and complication management met the standard of an interventional cardiologist of equivalent seniority.
Often paired with: Causation Interventional
- Defendant · Trust
Defending care across a consultant handover
Patient transferred between consultants during a complex admission for decompensated heart failure; claim alleges failure to escalate. The report addresses whether the documented management at each handover point fell within the range of responsible practice in an NHS setting.
Often paired with: Critique & Rebuttal Heart failure
Report format, length and turnaround.
Most breach of duty reports run to fifteen to twenty-five pages. Standard instructions are returned within four to six weeks. Where a hearing date, limitation deadline or court direction requires it, an expedited timetable of two to four weeks is available subject to capacity.
Fixed fee where the records bundle is contained. Larger or complex matters are quoted on an indicative basis with a cap. LAA rates and deferred payment terms available — full fee schedule.
Need a cardiology breach of duty expert witness?
Submit case details today and receive a same-working-day quotation. For urgent matters, call using the phone number below.
Same-working-day quotation Fixed fee where the bundle allows LAA rates available