Choosing the correct medical expert

In all serious injury cases, it is essential to instruct the correct medical expert to finalise any claim and crystallise any losses, in particular future losses.

Whether it be an orthopaedic surgeon who specialises in upper or lower limb injuries and can comment upon any future treatment such as surgery and/or physiotherapy needs or a psychiatrist who may recommend CBT treatment, it is key to protect a client and ensure any future treatment or losses are covered in their compensation package.

Other examples include an ENT expert who may recommend hearing aids or tinnitus training in the future, a dental surgeon who may recommend future dental treatment, or even a care expert who can detail future care needs. The experts need to be specialists in the area of injury concerned in order to ensure compensation is accurate.

At times it can be unclear which expert is suitable, and it is important to seek guidance from any medical experts already instructed on the case, barristers, and also peers at the firm. At Minster Law, we have a wide range of access to medical experts and barristers along with valuable experience of our colleagues.

A recent case that I was able to settle for a client of Minster Law is a good example of how key an expert can be. Our client sustained multiple injuries including soft tissue injuries to her neck, left shoulder, back, collarbone, left arm, left breast, left armpit along with paraesthesia to her left hand and left Achilles tendon pain, neuropathic pain, chronic myofascial pain, and an adverse psychological reaction. The client underwent pain management treatment and the treating therapist recommended additional physiotherapy sessions and investigations for thoracic outlet syndrome. She was struggling with work and heavy domestic duties due to her restrictions.

In the first instance, we instructed an orthopaedist who could not explain the ongoing pain and required treatment. He referred the client to a pain management expert who again struggled to explain the ongoing pain. Based on the NHS investigations, it appeared the claimant was suffering from thoracic outlet syndrome, so we researched and sourced a suitable consultant vascular surgeon who was well placed to report on thoracic outlet syndrome. Permission for this expert evidence was then obtained during a case management conference at court.

The instructed consultant vascular surgeon gave a prognosis and recommend treatment for the client’s ongoing issues, and this allowed Minster Law to consider the associated losses and conclude the claim in a timely manner. The client was safe in the knowledge that her symptoms had been identified by an appropriate medical expert and her compensation covered her future needs.

This example shows that, although it may take a few experts before reaching the expert who can help finalise matters, it is key to follow the required steps to get the best outcome for the client.