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Secondly, this amendment, by not including a test of reasonable expectation, would require a higher degree of confidence around the prognosis. It is likely to be challenging for a panel to assess this, given its reliance on evidence from the co-ordinating and independent doctors, who will have applied a different six-month test. In addition, given the lack of clinical evidence and guaranteed information on which to base the panel’s decision, there would be an increased risk of legal challenge.