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ARTICLE · 01 JUNE 2025

Court Allows Evidence From Multiple experts With Same Specialty in Stroke Negligence Case

Court ruled that the restriction upon multiple experts should yield to the plaintiff's concern to explore the comparison between the clinical indications for thrombolysis and clot retrieval.

AustraliaLitigation, Mediation & Arbitration

Irfan v Western Sydney Local Health District [2025] NSWSC 68

Key Takeaways:

  • While courts generally restrict the use multiple experts in the same specialty, exceptions can be made in complex cases, especially where different subspecialties are involved.
  • Experts with niche qualifications, such as neurointerventionists in stroke cases, may be deemed necessary even if a broader specialist (e.g., neurologist) has already provided an opinion.
  • Discrepancies in an expert's reports can open the door for opposing parties to introduce additional experts to challenge or clarify those inconsistencies.

In this case, the Court ruled that the restriction upon multiple experts should yield to the plaintiff's concern to explore the comparison between the clinical indications for thrombolysis and clot retrieval.

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