A Family Court judgment has found that important medical information had not been obtained and disclosed before experts were instructed. The missing evidence included hospital records, radiological imaging and details of investigations into a possible underlying medical condition.
The failures resulted in further delays, additional expert reports and genetic testing, with the local authority ordered to meet the costs of the additional expert evidence.
How the Missing Medical Evidence Came to Light
The proceedings in Medway Council v MA & Ors [2026] EWFC 293, handed down on 9 October 2026, concerned two young children, one of whom had sustained multiple fractures during infancy.
The court was considering whether the injuries had been inflicted or could be explained by an underlying medical condition. Several medical experts had been instructed to examine the evidence.
Shortly before the fact-finding hearing, legal representatives reviewing foster care records discovered references to further medical appointments and investigations that had not been included in the evidence provided to the experts.
These included additional X-rays, concerns about fracture healing and investigations into a possible underlying condition.
The court ordered updated medical records to be obtained urgently. More than 300 pages of hospital records were subsequently produced, along with further radiological imaging.
The new information required further consideration by the medical experts, making another adjournment necessary.
Court Orders Further Expert Evidence
The missing records revealed that the child had undergone further medical investigations, including specialist referrals and genetic testing.
The instructed radiologist had not been made aware of subsequent X-rays, while the geneticist had not received information about investigations into a possible underlying condition.
The judge, Michael Jones KC, sitting as a Deputy High Court Judge, found that the experts had prepared their reports without potentially important medical evidence.
The judgment identified failures in obtaining, reviewing and sharing records between the organisations and professionals involved. Some references to ongoing investigations had appeared in documents already available to the parties, but their significance had not been recognised.
The court ordered further expert reports and genetic testing, with the local authority required to meet the additional costs.
The judge also emphasised the importance of obtaining updated medical records before instructing experts, reviewing them carefully and ensuring relevant information is disclosed promptly.
The Importance of Complete Medical Evidence
Although the judgment concerned family proceedings, the issues raised are relevant to the preparation of medical expert evidence across different areas of litigation.
Medical records may contain references to further investigations, specialist consultations or imaging that have not been included in the documentation supplied to an expert.
Additional evidence may also become available after an initial report has been prepared.
The case demonstrates how incomplete medical records can affect expert opinions, require further investigations and delay proceedings.
It also shows that obtaining medical records is only part of the process. Identifying missing information, reviewing what has been received and keeping experts updated can be just as important in preventing avoidable delays and additional costs.
Source: Medway Council v MA & Ors [2026] EWFC 293, 9 October 2026.
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