Solicitors of personal injury in the UK have raised their concerns about the need to provide a medical report when filing a personal injury claim. When filing a personal injury claim and other subsequent damages, the plaintiff must prove that:
– An accident happened
– The accident resulted from the defendant’s negligence or breach of duty and;
– The negligence resulted in personal injuries and losses.
The court requires the claiming party to provide sufficient prove to support the claim. The medical record and the independent legal professional evidence prove that the claimant sustained injuries and experienced suffering, pain, and loss of amenity. The court reviews the medical records to make sure that all the injuries sustained are well recorded and aligns with the process of the accident. The court also reviews the pre-accident medical history to ascertain whether the accident worsened a pre-existing medical condition. The representatives of the defendant will also perform a thorough analysis of the medical records to identify other potential causes of the injuries or damages and use the same to strengthen their defense.
GPs, medical reports and the importance of working with a medico-legal professional
A GP or consultant may fail to provide a dispassionate or impartial advice. The NHS consultants and GPs may be biased because they prioritise their patient’s recovery at the expense of providing the correct medical report. As a consequence, the court prefers a medical report provided by an independent medical professional with vast expertise and experience in preparing a comprehensive medical report that can be used in Court Proceedings. The report should provide in-depth details of the sustained injuries, damages or losses and provide their independent opinion about the impact of the injuries on the claimant’s life and the expected prognosis period. The independent professional also makes treatment recommendations but should not organise for the same. The plaintiff needs to seek direct medical services or rehabilitation from the NHS consultant or GP. The Rehabilitation Code also provides that the defendant has an obligation to finance any private treatment. Solicitors of personal injury then use the report filed by an expert(s) to perform a valuation of the claim based on the suffering, pain or loss of crucial amenities. The personal injury attorney compares the sustained injuries with other similar previous lawsuits decided by the same or other courts. The claim is likely to be strong if the solicitors of personal injury hired by the claimant prove that the injuries sustained by the plaintiff have adversely affected the capacity for work and performing other routine duties. In some cases, like a severe road accident, the personal injury lawyer may be required to work with a team of medical professionals to compile an in-depth report including a neurologist, an orthopedic surgeon, a neuropsychiatrist and a neuropsychologist.