Why Do I Need A Medical Report When Bringing My PI Claim? Can’t My Doctor Just Write A Report?
When bringing a personal injury claim it is necessary to prove that your injuries ( what we refer to as “pain, suffering and loss of amenity”) and your symptoms are caused as a result of the accident.
Save for the lower value cases, medical records will be obtained and you will need independent medico-legal expert evidence.
Medical records are important as the expert will consider these to ensure that your injuries are documented and consistent with the mechanism of the accident. Your pre-accident medical history will also be reviewed to see if the accident has had any effect on any pre-existing conditions or whether there is any other possible cause for your symptoms.
So why can’t your GP just prepare a report? Why is it necessary to see a medico-legal expert?
There is a risk that a treating GP/Consultant may be unable to provide impartial/dispassionate advice. Your GP and your NHS Consultants have an interest in your recovery and will be more concerned about your treatment and how to make you better, than preparing a report for the purpose of a claim.
The Court will require evidence from an independent medical expert who will have expertise in preparing reports for the purpose of Court Proceedings and who can objectively describe the injuries sustained and how they were caused. The expert will give their opinion upon the extent of those injuries and how long you are likely to suffer from them (known as the prognosis period).
Importance of expert evidence
The importance of expert evidence was recently highlighted in the recent case of Sycurio Ltd v PCI-Pal PLC & Anor [2023] EWHC 2161. Mrs Juice Bacon stated:
“An expert is not instructed for court proceedings on the basis that they believe that they have “sufficient” grasp of the matter to express a view, or are able to teach themselves what they need to know in the course of preparing their evidence. They are instructed on the basis that they are a genuine expert in the relevant field, whose opinions may be relied upon and given weight by the court.”
Our personal injury solicitors are experts in their field and will be able to advise you about a potential personal injury claim you may have, if you have suffered an injury due to no fault on your own. To speak to one of our experts call 0808 271 9413 or request a call back.