What are Medical Experts in Personal Injury Claims?
Posted on 14th May 2019
In personal injury claims, there are three main aspects that your accident claim solicitors are concerned with. These include: liability, causation and quantum. The role of the medical expert helps assist MG Legal’s injury solicitors in ticking the boxes in terms of quantum and causation.
Causation: Have the injuries sustained arisen as a direct result of the incident in question, or would they have occurred in any event, and have simply been accelerated by the incident?
Quantum (Valuing): How serious are the injuries and is any future care necessary? to provide information on how the claim should be quantified.
Part 35 of the Civil Procedure Rules deals with experts and the evidence they provide in support of a claim. Medical experts have an overriding duty to the Court to help matters progress, with the assistance of their expertise. This is usually by providing evidence in a written report format, unless the Court directs otherwise.
Why do we need Medical Evidence?
At MG Legal, our accident injury solicitors understand that your medical records are personal and may contain sensitive data. You can, however, be rest assured that we are completely impartial as to what and when you may have required medical attention for. Our accident claim solicitors are solely interested in any relevant entries that may assist with your claim. Both your legal representatives, and any instructed medical experts, are bound by Data Protection Laws which also means that your data is completely protected.
Although medical evidence can be case sensitive, it provides vital assistance within your personal injury claim. Firstly, the same provides concrete evidence that the injury has occurred, in the first instance, provides inferences as to how the same has been caused and advises on any long term affects that may continue in the future.
In pursuing a personal injury claim, assessing the nature and seriousness of the injuries sustained is an important aspect in evidencing the claim itself. As you can imagine, your accident injury solicitors are not medical experts, which is why we need to instruct a competently qualified person to assist.
In most cases medical records are requested from the relevant healthcare professionals the injured party has dealt with. This is a usual part of the process and includes all medical archives from the day you took your first breath.
Upon instructing a medical expert to assess the injuries, they will be provided with copies of the notes – if necessary, to review prior to the meeting. This documentation provides the medical expert with an initial insight into the client’s medical history, and a basis to base the report on. The expert then meets with the client and assesses the injuries in order to report on, with details of a diagnosis and prognosis of how long the same may continue to affect the injured party in the future. Any recommendations for treatment and rehabilitation are also provided to assist in the recovery process.
What is the Importance of Selecting the Appropriate Expert?
Now we have established why we need the medical evidence; we now question what the importance of selecting the correct expert is.
First, and foremost, this is particularly important in that the evidence provided, in respect of the injuries sustained, is as accurate and relevant as possible. For example, if you have suffered chemical burn injuries a dermatologist would be the most appropriate expert for you to see. Similarly, if you are experiencing spinal injuries as a result of an incident, to see an orthopaedic surgeon would be the best course of action. By selecting the most appropriate expert we can ensure that the most accurate diagnosis and prognosis and treatment plan is given.
As well as providing assistance in assessing the injuries, and helping progress the claim, this is also imperative in ensuring that our clients receive the best possible care to assist with rehabilitating the injuries sustained. If the most appropriate medical expert is not consulted, there is danger that the injuries may not recover as well as they may under the advice of a specialist expert.
As you can see, medical evidence is vitally important to your personal injury claim and its success. If you have suffered injuries as a result of an incident that was no fault of your own, MG Legal’s accident claim solicitors would be delighted to assist. Contact the team at email@example.com today. Our injury solicitors accept all cases, from road traffic accidents, to accidents at work, and medical negligence, on a NO -WIN- NO- FEE basis.
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Tagged as: Accident Injury Solicitors, Best Medical Negligence Solicitors, Lancaster Law, Personal Injury Law, Preston Law, Your Local Solicitors
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