Medical Evidence in Personal Injury Claims

In almost all personal injury claims, medical evidence will be necessary.

• What is Medical Evidence and Why is it Necessary?

Obtaining medical evidence means instructing an independent medical expert to prepare a professional medical report detailing the full extent of your injuries and the impact they have had on your life. It is a vital part of proving the injuries sustained are as a result of an accident and enabling your legal representative to consider the value of your claim. 

A medical expert can also consider making recommendations for treatment or referrals for further medical reports. It is important to remember however that any immediate needs for treatment should always be directed to the NHS in the first instance as, whilst Defendants are strongly advised to offer rehabilitation under the Rehabilitation Code, in reality the offer of rehabilitation is not always guaranteed.

In order for the medical report to be prepared, the independent medical expert will need to make an appointment with you, the length of these appointments can vary but typically take around thirty minutes or less unless your injuries are particularly severe.

A medical report cannot be provided by your own GP or treating doctor but must be prepared by an independent and suitably qualified expert.

• Before a Medical Appointment

Before a medical appointment can take place, your legal representative will need to obtain your medical records. This will include your GP records, hospital records and any other relevant treatment records for example, physiotherapy records.

It is important for any medical expert to access to your medical records as they provide an accurate record of any medical attention you received for your injuries and take into consideration any pre-existing conditions you might have.

Most medical experts will also ask you to complete a pre-medical questionnaire to ensure the appointment itself can be as efficient as possible.

• What Type of Medical Expert will you see?

They type of medical expert you see will depend on the injuries you have sustained. Often, for a soft tissue injury a GP or A&E Consultant will be sufficient.  However, if you have sustained a fracture, you will need to see Consultant Orthopaedic Surgeon. This is not an exhaustive list and the individual needs of each client are considered to determine the best medical expert required.