Critique & Rebuttal Reports

An independent cardiology opinion that tests the opposing expert’s report — its methodology, guideline basis and conclusions — in cardiac negligence, fatality and personal injury claims.

  • Defence & claimant
  • Independent scrutiny
  • GMC Specialist Register
When to commission a critique

Test the strength of
opposing cardiology evidence

A critique tests an opposing expert’s report before trial or settlement — its methodology, its guideline basis, and whether its conclusions are supported by the disclosed records.

It does not replace the instructing party’s own expert report. It provides a structured analysis to inform CPR Part 35 questions to the opposing expert, or joint expert discussions under CPR 35.12.

  • Defence work in clinical negligence where a claimant cardiology report appears to overstate the strength of the case.
  • Claimant work requiring rebuttal of a defendant cardiology expert’s opinion before responding to a Letter of Response.
  • Disputed causation in fatal claims where opposing experts disagree on the mechanism of sudden cardiac death.
  • Article 2 inquests where the coroner has commissioned cardiology evidence and the family or NHS Trust requires an independent critique.
Scope of critique

What the report covers.

The critique is structured to address the specific evidential weaknesses in the opposing report, without exceeding the scope of CPR Part 35.

Included in scope

Critique elements

  • Compliance with CPR 35.10 requirements, including disclosure of the literature relied upon and a summary of the range of opinion where applicable.
  • Adherence to contemporaneous NICE and ESC guidance, and to the Bolam and Bolitho standard, for the cardiology condition under scrutiny.
  • Whether the conclusions drawn are supported by the disclosed records and accepted cardiology practice.
  • Material omissions or misinterpretations in the opposing expert’s analysis of ECG, echocardiography or cardiac MRI findings.
  • A structured critique of the opposing expert’s methodology, including whether the assumptions made are clinically reasonable.
Out of scope

Not covered

  • A replacement for the instructing party’s own CPR Part 35 expert report.
  • Examination of the claimant, or any view on condition and prognosis beyond the disclosed records.
  • Opinion on matters outside the opposing expert’s report, such as quantum or non-cardiology issues.
Common critique scenarios

Where we are regularly instructed

  • Defence · ACS

    Missed STEMI in A&E

    A claimant expert alleges that a three-hour delay in PCI for ST-elevation myocardial infarction breached duty and caused irreversible myocardial damage. The critique addresses whether the delay falls within accepted practice, and whether the causation model aligns with ESC guidance on myocardial revascularisation.

    Often paired with: Breach of Duty Causation

  • Claimant · AF

    Anticoagulation failure critique

    A defendant expert argues that a CHA₂DS₂-VASc score of 2 did not mandate anticoagulation. The critique addresses the defendant expert’s selective citation of the guideline, and whether the omission materially increased stroke risk on the balance of probabilities.

    Often paired with: Breach of Duty AF claims

  • Defence · Structural

    TAVI complication rebuttal

    A claimant expert attributes a post-TAVI stroke to procedural negligence. The critique addresses whether the complication sits within the recognised risk profile, and whether the analysis of the CT angiography findings is clinically reasonable.

    Often paired with: Combined Breach & Causation Structural intervention claims

  • Inquest · SCD

    Sudden cardiac death critique

    A coroner’s expert attributes a sudden death to hypertrophic cardiomyopathy. The family’s solicitor instructs a critique addressing whether the interpretation of the post-mortem cardiac MRI aligns with the recognised guidance on sudden cardiac death.

    Often paired with: Breach of Duty Sudden cardiac death

What you receive

Report format, length and turnaround.

Most critique reports run to ten to sixteen pages. Standard instructions are returned within four to six weeks. Where a hearing date, a CPR 35.6 deadline or a limitation deadline requires it, an expedited timetable of two to four weeks is available subject to capacity.

Fixed fee where the records bundle and opposing report are 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 critique or rebuttal report?

Submit case details today via email or our contact form 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