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If you make a personal injury or medical negligence claim, you may be asked to attend an examination with an independent medical expert. This is sometimes called a medico-legal examination.

The appointment is not the same as receiving medical treatment. Its purpose is to help the expert prepare a report about your injuries, your recovery and how you may be affected in the future.

That report can become an important part of the evidence used to assess your claim.

Although medical evidence is required in both personal injury and medical negligence claims, the role of the expert and the need for an examination can differ.

This article explains what you can expect.

What is an independent medical examination?

An independent medical examination is an appointment with a suitably qualified medical professional who has been instructed to provide expert evidence. Depending on the injury, the expert could be a GP, consultant orthopaedic surgeon, neurologist, psychiatrist or another appropriate specialist.

The expert may have been instructed by your solicitor, but their role is not to argue your case. An expert’s overriding duty is to assist the court on matters within their expertise. This duty takes priority over any obligation to the party instructing or paying them.

The expert will therefore provide their independent professional opinion, even if some aspects of that opinion do not support the claim.

Why is medical evidence needed?

It is not normally enough to show that an accident occurred or that something went wrong during medical treatment. The nature and extent of the resulting injury must also be established through appropriate evidence.

A medical report may address:

• The injuries or conditions from which you are suffering
• Whether they were caused or worsened by the accident or allegedly negligent treatment
• The treatment you have received and whether further treatment may be required
• How the injuries affect your work, mobility and everyday life
• How long your symptoms are likely to continue
• Whether you are expected to make a full recovery
• Any care, rehabilitation or support you may need in the future

This evidence helps your solicitor assess the value of your claim and determine which losses and future needs should be included.

Medical examinations during personal injury claims

In a personal injury claim, medical evidence is used to establish the injuries caused by the accident and their likely long-term consequences.

For example, if you suffered a back injury in a road traffic accident or at work, an orthopaedic expert may consider your medical records, ask about your symptoms and carry out a physical examination. The expert may then give an opinion on the diagnosis, whether the accident caused or aggravated the condition and the likely course of your recovery.

More than one medical discipline may be required when an accident has caused several different injuries. Someone who has suffered serious physical injuries and psychological trauma might be assessed by both an orthopaedic expert and a psychiatrist or psychologist.

In some cases, the expert may recommend treatment, rehabilitation or a further examination after a period of recovery. It can be difficult to value a claim fairly until the likely long-term outcome is reasonably clear.

Medical examinations during medical negligence claims

Expert evidence in a medical negligence claim can serve several different purposes. Expert opinions may be needed concerning breach of duty, causation, the patient’s condition and prognosis and the value of the claim.

An expert considering breach of duty will assess whether the treatment provided fell below an acceptable professional standard. A causation expert may consider whether that failure caused an avoidable injury or made the outcome worse. These experts will often be able to provide an opinion by reviewing the medical records and other evidence without examining the patient.

A separate examination may be arranged to assess your present condition, prognosis and future needs. For example, if delayed treatment caused permanent mobility problems, a suitable expert may examine you to determine the extent of the disability, whether any further improvement is expected and what support may be required.

You will not therefore need to attend an examination with every expert involved in a medical negligence claim. Your solicitor will explain the purpose of each expert instruction and whether an appointment is necessary.

Will I have to pay for my medical examination?

You will not usually be asked to pay the expert’s fee at the appointment. Your solicitor will arrange the examination and explain how the cost will be funded.

If your claim succeeds, reasonable expert fees may normally be recovered from the defendant. However, this will depend on your funding agreement and the circumstances of your claim. Your solicitor will explain any potential costs before you agree to proceed with the appointment.

Where will the medical examination take place?

The examination will not usually take place at Askews Solicitors’ offices. It will normally be held at the medical expert’s consulting rooms at a local hospital, a private clinic or another suitable medical facility.

Where possible, the appointment will be arranged at a reasonably convenient location. However, you may need to travel to see an expert with the specialist knowledge required, particularly in a complex personal injury or medical negligence claim.

Some assessments can take place remotely, although an in-person appointment will usually be necessary if a physical examination is required.

Your solicitor will provide the appointment details in advance and discuss any travel, accessibility or other practical concerns with you.

What happens during the appointment?

The precise format will depend on the type of injury and the expert’s medical discipline. The expert will usually ask you about:

• How the accident or medical treatment occurred
• Your symptoms and how they have changed over time
• Medical appointments, investigations and treatment
• Medication you take
• The effect on your work, family life, mobility and independence
• Any care or assistance provided by relatives or others
• Relevant previous injuries, illnesses or medical treatment

Where appropriate, the expert may carry out a physical examination. This could involve assessing movement, strength, sensation, scarring or another aspect of the injury. A psychological or psychiatric assessment will generally involve a detailed discussion about symptoms, their effect on everyday life and your relevant medical history.

The appointment may be relatively short in a straightforward case or take considerably longer where the injuries and medical history are complex.

The expert is not providing treatment and will not normally take over your medical care. If you need advice about ongoing symptoms or medication, you should continue to speak with your treating doctor.

How should I prepare for the examination?

Your solicitor should tell you whether the expert has requested that you bring anything specific. It may help to have an accurate note of your medication, treatment dates and the ways in which your injury affects ordinary activities.

Try to describe your symptoms naturally and accurately. Do not exaggerate their severity, but do not minimise genuine difficulties either. If your symptoms vary, explain what you experience on better and worse days rather than describing only one or the other.

You should also be open about relevant pre-existing conditions, previous accidents and earlier treatment. A previous condition does not automatically prevent a claim. An accident or negligent treatment may have aggravated an existing problem, but the expert needs complete information to provide a reliable opinion.

If you require an interpreter, accessibility arrangements or would like someone to accompany you, tell your solicitor well before the appointment. Whether another person may be present can depend on the nature of the assessment and the expert’s requirements.

What happens after the medical examination?

The expert will prepare a written report based on the appointment, the medical records provided and any other relevant evidence. The report should distinguish between the factual information considered and the expert’s professional conclusions.

Your solicitor will usually discuss the report with you and may ask you to check whether factual details, such as dates or descriptions of your treatment, are accurate. You can identify genuine factual mistakes, but neither you nor your solicitor can require an expert to change an independent medical opinion simply because it is unfavourable.

If the report is relied upon, it will usually be disclosed to the defendant or their representatives. They may be entitled to put proportionate written questions to the expert seeking clarification.

In some cases, the defendant may also seek their own medical evidence, although whether this is appropriate will depend on the circumstances and the applicable procedure.

The report may allow the parties to value the claim and begin meaningful settlement negotiations. If the expert cannot yet give a firm prognosis, they may recommend further treatment, additional investigations or another examination at a later date.

Will I need to attend more than one medical examination?

Possibly. A straightforward injury may require evidence from only one expert. Serious or complex cases can involve several medical disciplines as well as experts considering care, rehabilitation, accommodation or employment needs.

Further examinations should only be obtained where they are reasonably necessary and proportionate. Your solicitor should explain why each appointment is required and how it relates to the issues in your claim.

Speak with a Middlesbrough or Redcar-based solicitor about a personal injury or clinical negligence claim

Medical examinations are a normal part of many claims. Although attending an unfamiliar appointment can feel daunting, knowing its purpose and what to expect can make the process more manageable.

Askews Solicitors advises people who have been injured in accidents and patients who have suffered avoidable harm because of medical negligence. Our solicitors can explain the claims process, arrange appropriate expert evidence and guide you through each stage.

Visit Personal Injury Claims or Medical Negligence Claims to learn more about our services.

Or Contact Us to make a free, no-obligation enquiry with our Middlesbrough or Redcar-based team.

This content is for informational purposes and is not intended as legal advice of any kind.