Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 54
Instruct own experts with chronic pain
expertise.
Build chronology charts mapping symptoms to
evidence.
Challenge opponent expert assumptions not
grounded in objective documentation.
recover, and assisting medics when recommending
treatment and therapies. From a clinical perspective,
on this last issue Dr Bass points out that “illness
beliefs, expectations, and perceived injustice are key
determinants of chronicity but rarely measured or
taught in med school or to psychiatrists in training.”
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Practical implications
First published by Charles Heppenstall,
partner at law 昀椀rm, Weightmans.
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In the current medicolegal climate defendant
practitioners are to a large degree reliant on
claimants’ accounts of their symptoms and
disabilities, but a well-planned strategy, to include
interpretation by the right medical experts and an
early forensic investigation, can limit if not avoid
entirely some of the largest claims. As noted above,
the lack of any identi昀椀able physical injury leaves
these cases susceptible to claimant exaggeration
(either conscious or unconscious) and fraud. Where
fundamental dishonesty is suspected an early
conference with the legal team is recommended to
make a decision made on what evidence in support is
required and ensure that decisive and proportionate
action is taken (note: the burden of proving
fundamental dishonesty rests with the defendant).
Therefore, best practice in FM cases should
include the following:
1. Claims involving pre existing FM
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Build a clear pre accident pro昀椀le of symptoms
and function.
Distinguish between temporary 昀氀are-up and
long-term aggravation.
Use medical records to demonstrate natural
昀氀uctuation.
Challenge any suggestion of permanent
worsening unless trauma was signi昀椀cant.
History of other functional disorders supports
argument that post-accident symptoms have
similar cause.
Mr Tudor Lloyd Thomas
Consultant Trauma and
2. Claims involving post-accident FM
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Orthopaedic Surgeon
Question biomechanical plausibility for lowspeed impacts.
Scrutinise timing of symptom development; the
later the onset the less likely there is a causal
link.
Review psychosocial stressors and alternative
causes.
Ensure experts address whether trauma could
realistically “trigger” the condition.
BDS, FRCS
I am a Consultant Trauma and Orthopaedic Surgeon with
extensive experience within the Courtroom environment
including the High Court in London.
My special interests lie within the fields of Trauma and
Orthopaedic surgery and I am the holder of the Cardiff
University Law School Bond Solon Expert Witness Certificate.
My ratio of Defendant / Claimant / Joint work: 30% / 60% / 10%
3. For all FM-related claims
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Thorough forensic examination of post and
pre-accident records, to include medical,
primary care, welfare, DWP and employment /
occupational health records.
Consider functional inconsistency through
surveillance or social media.
EXPERT WITNESS JOURNAL
Tel: 01206 752 888
Email: tudorlthomas@btinternet.com
Turner Rise Consulting Rooms
55 Turner Road, Mile End, Colchester, Essex, CO4 5JY
Area of work: South East England
Also with Consulting Rooms at Letchworth Hertfordshire.
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APRIL 2026
