Although not a medical claim, P1 v Trustees of the Daughters of Our Lady of the Sacred Heart & Ors  NSWSC 698 highlights some areas in which authors of expert reports should be cautious.
In the course of considering whether a report should be admitted into evidence, the court expressed concerns about:
- the structure and wording of a report, such that it cannot be determined that the relevant opinions in the report are wholly or substantially based on the author’s specialised knowledge (at );
- reference to standards of “usual industry practice”, “normal professional criteria” and “risk management requirements”, without identifying what those are (at );
- inclusion of quasi legal analysis (at ); and
- the statements of bare conclusions without statement the standards and the justification for the conclusion (at ).