The Role of the Medico- Legal Expert in Personal Injury Claims

When a personal injury occurs following an accident a medical-legal expert may be instructed by a solicitor to provide a report on the injuries incurred.

The solicitor will choose the expert who has experience in dealing with the injury e.g. a patient with a broken nose may be seen by an Ear Nose and Throat specialist; a patient with a fractured limb may be seen by an Orthopaedic Surgeon; a patient with symptoms of depression may be seen by a Psychologist/Psychiatrist.

The expert will initially receive an instruction to arrange an appointment. The request may come from a solicitor who may (a) represent the injured party; (b) a solicitor defending the claim or (c) upon joint instruction from both parties. The third option is being increasingly used and should not be seen as prejudicial to the client's interests.

The appointed medical expert will send an appointment for the client to be seen and at the consultation the following will occur.

Detailed history

A history will be taken with brief details of the manner in which the accident occurred. The expert will ask what injuries have been suffered and make enquiries with regard to the history of the symptoms e.g. for how long where they more intrusive? Was any treatment received at hospital, general practice or via physiotherapy etc? Further questioning with regard to ongoing symptoms would be made and the manner in which the injuries may have affected work or lifestyle. The medical expert will also enquire whether there has been a history of similar injuries (it is extremely important to give details of any previous problem).

Examination

An examination will be made which will be relevant to the injuries incurred. A full medical examination may not be required. For example for a fracture to the wrist the relevant arm will be examined, with a neck injury it would not be necessary for a full examination of the heart, lungs etc.

Investigations

Where the expert feels that further investigation is required e.g. x-rays, these will be arranged with you.

Medical records

Medical records will usually need to be obtained by the medical expert. This can only occur with your consent and knowledge.

Following consultation and consideration of all the facts the expert will produce a typed report. The conclusion of this report will include a summary in which opinion will be given as to whether the injury was a sole consequence of the accident. A prognosis will also be detailed stating:

• Whether recovery is complete (where there may be a range of opinion in relation to recovery the expert is expected to outline this range, e.g. in a situation where medical opinion may vary in relation to the length of time before fully recovery can be anticipated).
• The length of time before it is anticipated that recovery may occur.



• Whether the symptoms may persist in the long term.



• Whether work/leisure activities will be affected.



• Whether specific treatment can be given to alleviate the problem.

The medical expert will not be expected to treat the patient personally; this is not the purpose of the consultation, which is to give guidance to all relevant parties in relation to the injuries.

It should also be realised that the medical expert's opinion is independent and impartial. The same report should be provided no matter where the request originates and, indeed, the expert is legally bound to include a final statement that the report is produced for Court purposes.

At the end of the consultation the expert should allow time for questions. The report will then be returned to the solicitor and this should occur (provided all medical records are to hand) within a reasonable period of time e.g. two to three weeks.

"Because we care"

Back...