Can the case manager also provide expert evidence within the same claim?

An experienced brain injury case manager is well placed to provide expert evidence on aspects including care, case management, equipment and rehabilitation needs. However, it is not appropriate for the case manager providing clinical services to a client to also provide expert evidence for the claim. This could lead to a potential conflict of interest.

An independent expert will need to be appointed. The independent expert will usually want to meet with the case manager when they also see the claimant.

At the request of the solicitor the case manager will provide clinical progress reports, which may form part of the factual evidence in the litigation case. The case manager may also be called upon to be a professional Witness of Fact in the claim, particularly to provide information about what the difficulties are for the individual and how they actually cope with everyday life.