My Car Quest

October 7, 2022

A Medical Appointment for a Personal Injury Claim?

After being injured in an accident and filing a legal claim against whoever is responsible for your injuries and losses, it is common practice for the plaintiff to be examined by a medical expert. This is done to get an unbiased opinion on the extent of your injuries and on whether you have reached the point of maximum expected recovery, among other points.

What type of medical expert would you have to see?

The nature of your injuries determines who will be the medical expert that you would have to see. For example, if you are suffering from whiplash due to a road traffic accident, the likelihood is that a General Practitioner would examine you. In your case, you would be seen by an expert in whatever you have been treated for. This means that if you had back surgery, the expert would be a doctor that performs back surgeries. If you had broken bones, the expert would be a consultant on orthopedics.

Why is this examination important to your claim?

These examinations are vital to confirm the diagnosis in an impartial way. However, their expert status may result in them discovering issues that your doctor might have overlooked. In cases that are considered high-value, it is not unusual for medical experts to request a review of the patient’s medical records to determine if they had any previous relevant health issues before the accident occurred.

What does your lawyer do with the result of the medical examination?

Your attorney will carefully analyze the information and verify that it is correct and see if it contains any relevant issues. The report needs to coincide with your description of the accident. The report should also include:

● A full description of the injuries sustained by you.
● A prognosis on how long the injuries will last.
● A detailed account of the impact that these injuries have had on your life.
● Recommendations regarding any needed rehabilitation.
● Additional financial losses identified by the expert.
● An opinion regarding the need for psychological treatments.

The Medical Appointment

It is common for patients to comment that the medical appointment for a personal injury claim does not last too long. That is the case because this is not an initial medical appointment where the issue is first diagnosed; it is an independent consultant who will see you to issue an opinion.

There is an opportunity for a second examination if your attorney discovers any factual errors. Although your attorney is not a medical authority, they have handled plenty of cases to be able to discover any inconsistencies in the report and challenge it. Your lawyer must approve the report before handing it over to the other party.

Are you obligated to attend a medical appointment for your personal injury claim?

In some cases, the plaintiff may not wish to submit to the medical examination, but the court can compel them to attend, particularly when there are injuries. This means that when you refuse to be examined, you risk having your lawsuit dismissed.

If you have doubts about the importance of the medical examination for your personal injury claim, ask your lawyer for more information before deciding.


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