Neonatology Expert Witnesses in UK Courts

Neonatology is the branch of medicine concerned with the care of newborn infants, particularly those who are premature or unwell. Neonatology expert witnesses provide courts with independent and unbiased opinion on complex neonatal issues such as causation of injury, standards of care, and safeguarding. Their overriding duty is always to the court.

Criminal Courts

In criminal proceedings, neonatology experts assist the Crown Court in cases involving alleged harm to newborns, including infanticide, assault, or gross negligence manslaughter. Their evidence helps establish causation: whether an injury or death arose from deliberate harm, accident, or natural disease. For example, they may distinguish between injuries caused by shaking or smothering and those attributable to birth trauma or congenital conditions. They may also advise on the timing and mechanism of injury, linking medical findings to alleged acts. Where a healthcare professional is accused of negligence, the expert will comment on whether the care provided fell below acceptable standards. By clarifying complex physiology for judges and juries, they ensure that criminal liability is assessed fairly and accurately.

Family Courts

Family courts often require neonatology expertise in care proceedings, particularly when a baby presents with unexplained injuries. The expert evaluates whether findings such as fractures, haemorrhages, or failure to thrive are consistent with non-accidental harm or innocent medical explanations. Their evidence directly informs safeguarding decisions: whether a child should remain with parents, be placed in care, or receive protective measures. Neonatologists may also assist in treatment disputes, for example advising on the prognosis of critically ill infants when courts must determine what course of action is in the child’s best interests. Under Part 25 of the Family Procedure Rules, their evidence must be necessary, impartial, and confined to their area of competence.

Civil Courts

In civil litigation, neonatology experts are most often involved in clinical negligence claims. Their role is to assess the standard of care provided to a newborn and determine whether any breach caused injury or death. Typical cases include failure to resuscitate promptly, delays in treating jaundice leading to kernicterus, or mismanagement of infection in neonatal intensive care. Experts provide reports compliant with CPR Part 35, addressing breach of duty and causation in clear, reasoned terms. They may be instructed by claimant or defendant solicitors, or act as Single Joint Experts. Their impartial analysis allows courts to resolve liability and award compensation fairly.

Coroners’ Courts

At inquests into neonatal deaths, neonatologists help coroners establish how and why a baby died. Their evidence may reveal whether death was due to natural causes, suboptimal care, or systemic failings. For example, they may identify delays in resuscitation or confusion over clinical guidelines. While coroners do not assign liability, expert input can highlight contributory factors and lead to Prevention of Future Deaths reports to improve safety nationwide. In this way, neonatologists not only clarify medical causation but also contribute to safeguarding other infants.

Conclusion

Across all jurisdictions, neonatology expert witnesses provide the courts with essential specialist insight. Whether addressing liability in criminal or civil law, guiding safeguarding decisions in family courts, or assisting coroners in determining causes of death, their independent expertise ensures justice is informed by sound neonatal medicine.