i-law

Litigation Letter

Role of clinical case manager

Wright v Sullivan [2005] EWCA Civ 656

A clinical case manager appointed in respect of a child whose injuries meant she would not be capable of independent living, owed duties to the patient alone and had to make decisions in the best interest of the patient. She should not therefore be appointed by the parties jointly. Representatives of both parties and their expert witnesses should have liberty to communicate with the case manager in relation to matters relevant to likely issues in the claim. If the clinical case manager was called to give evidence she would clearly be a witness of fact and not be giving expert evidence.

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