How should a client prepare for an expert medical examination in a serious injury case?
If you are pursuing a serious injury claim, then it is inevitable that you will be asked by your solicitor to attend a medical examination with a medical expert.
The medical expert’s role, is to provide the court with an independent expert opinion, based on their experience, examination of the evidence and facts of the case.
When you are asked by your solicitor to attend a medical expert examination, it may sound obvious, but you should make a careful note of when the appointment is, where it is and with whom.
It is important that you understand what the expert’s specialism is and what their role is in your case. They are not there to taking the place of a treating consultant. If you have sustained multiple injuries, an opinion may be required from a number of experts. You should clarify with your solicitor, if that applies to you. If it does, you should still mention all of your injuries to the expert but perhaps expect the expert to focus on your injuries within their specialism and not discuss in detail your remaining injuries.
In any serious injury claim, you may not attend a medical examination for months or even years after your accident. It maybe helpful in advance of the appointment, that you ask your solicitor to provide you with copies of your witness statement, previous medical reports or records, to refresh your memory.
At the examination, you can expect to be asked questions such as:
1. Your past medical history
2. How the accident happened
3. What symptoms were felt immediately after the impact
4. How these symptoms developed after the accident
5. What the current symptoms are
6. What medical treatment you have had for your injuries
7. What effect the injury has had on your home and work life, including:
– The length of any absences from work
– Any help or assistance you have needed from friends or family
– Any impact on your social activities
This is your opportunity to give your account as to how the accident has affected you. So you may wish to think if advance about the things you would like to say. Whilst it may seem obvious, it is really important that the answers you give to any questions are as frank as possible and you remain completely honest throughout the medical assessment.
You should remember that the expert will have access to your full medical records and so it is best to explain about any previous accidents or symptoms you may have had. The expert will see for themselves any inconsistencies. It is common to have had previous injuries or symptoms and we can deal with that- it doesn’t mean you cannot make a claim, far from it. What is difficult to deal with is the damage to your credibility that may arise if you do not explain, when asked, about previous injuries or symptoms. Please be re-assured though this is not expected to be a memory test and if you can’t recall something or don’t know then please just tell the expert this.
When the expert asks you about what you can and can’t do, you should think carefully about the answer. You should make it clear if some days you can do more than others. If you are not sure about things like dates and distances then say so. You should think carefully about saying you can never do something unless you are certain that applies 100% of the time.
When the expert may ask you what help or assistance you need, you need to think carefully about the answer and ensure that it is as accurate as possible. You should make it clear if some days you can do more than others. There are lots of activities that many people who have been injured may really struggle with, for example carrying shopping bags or washing a car. There are very few activities that most injured people cannot do at all. Often, even if it is a struggle and takes longer they will be able to manage an activity. Think carefully about saying you can never do something unless you are certain that applies 100% of the time
It’s important that understand that during any personal injury claim, Defendants may seek to obtain surveillance footage or social media entries to try and argue that an individual has not been honest with an expert. It is common practice for insurers to arrange surveillance on the day of a medical appointment. If you think you notice that you are being surveilled then you should not challenge them, but let your solicitor know. Provided you offer an honest account, then you not have any problems.
After the examination, the expert will prepare a written report. This will be sent to you by your solicitor to approve. You should make sure you read it carefully and notify your solicitor straight away, should it contain any inaccuracies.
