If you suffered an injury due to negligence, you may be eligible to make a claim for compensation. This could include incidents such as a…
Independent medical examination
When making a personal injury claim, you may need to have an independent medical examination to assess the extent of your injuries and the impact they have caused.
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Will I need to have an independent medical examination?
For personal injury claims to be successful, a solicitor must demonstrate the liability of the defendant and the injuries sustained by their client. To do this, your solicitor is likely to arrange an independent medical examination which will provide a review of your condition, the severity of your symptoms and the impact on your ability to carry out normal tasks.
The medical examination seeks to support your claim and provide impartial evidence to the defendant’s legal team about your symptoms and the impact on your life. Using the medical report, your solicitor can then begin negotiating a settlement figure on your behalf.
Medical examinations are usually carried out at no upfront cost to you and can help support your claim for the appropriate amount of compensation. The following guide offers information on what to expect during and after a compensation claim medical assessment.
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Table of Contents
Why do I need a medical examination?
An independent medical examination is carried out in order to prove the injuries that you have sustained and the symptoms that you are suffering. The defendant’s legal team will require this proof before compensation is paid, as the examination may also highlight any issues or inconsistencies in the claim. The examination is an opportunity for you to receive a further review of your symptoms and, if necessary, advice on further tests or treatment to help your recovery.
Many claimants will have previously seen their GP or received hospital treatment and so question the necessity of further medical examinations. It is important to recognise that the examination arranged by your solicitor is independent and is carried out for the purpose of preparing a medico-legal report for your claim.
What will happen in the medical examination?
The aim of the medical examination is to determine whether you are suffering from the injury, illness or symptoms that you are claiming for. In order to offer reliable proof, the medical examiner will specifically look to confirm the severity of your symptoms and how they have impacted on your life.
Your solicitor will arrange the examination with an independent expert, normally one who specialises in the field of medicine relevant to the injury or illness for which you are claiming. The medical examiner will assess your case and symptoms to provide their expert opinion. During the examination, the following steps may be taken:
- The medical examiner may obtain a copy of your medical records from your GP or other medical providers. This will allow the examiner to understand your condition and review the treatment that you have received to date.
- The medical expert may make additional notes and suggestions for future treatment based on the examination.
- The medical examiner will ask you to explain the events that led to your claim. In this explanation, the examiner will seek to understand the impact that your symptoms have on your life. It is important to offer an honest account and not exaggerate or minimise the severity of your condition.
- Following the examination, the medical expert will assess whether your symptoms are consistent with the accident or incident that gave rise to the claim.
- The medical examiner may also analyse your medical records to determine whether any pre-existing medical conditions have been aggravated or worsened because of the accident.
- Having completed an assessment, the doctor will compile a report that confirms the findings, prognosis and advice for future treatment or tests.
The examination will usually last from 20 minutes up to one hour depending on the number of symptoms you have and the severity of your condition. Chaperones and same-sex examiners may be made available if you require and request them.
What happens after the medical examination?
Once the medical examiner has completed their assessment of your condition, they will create a report that is sent back to your solicitor. The report is an important piece of evidence and sets out the severity of your injury, the treatment needed and the overall prognosis for your recovery.
The solicitor will review the medical examiner’s analysis against the rest of the case information and will be able to offer realistic outcomes based on their experience and knowledge. The solicitor may then contact the defendant’s legal team to begin negotiating compensation on your behalf.
You should be entitled to review the medical report before it is disclosed to the defendant.
Will my medical records be used for my compensation claim?
To build a thorough understanding of your case, the medical expert may review your medical records before your examination. You will need to sign a consent form before this information is sent to a medical examiner. The medical records provide the examiner with details of your medical history, the information relating to the case-specific injury and details on the treatments that you have received to date.
It is important for the medical examiner to review this information alongside their own exam, as the accident may have aggravated previous illnesses or injuries. Furthermore, the details in your medical records will help the medical examiner to assess how quickly you are likely to recover and how well you have responded to treatment to date.
The examiner’s report will usually be used as evidence in your compensation claim and may be disclosed to the defendant or their insurer.
