Why Do I Need a Medical Expert Report When Making a Claim?

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Kate McCue

Medical Negligence Associate Solicitor

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A medical expert’s report can be one of the most important pieces of evidence to prove your medical negligence claim.

This is a document written by a medical professional that looks at the evidence in your claim. It gives their opinion on:

  • The standard of medical treatment you received
  • Whether any damage could have been avoided
  • The long-term effects of your injuries

If we take on your claim, one of our Medical Negligence Solicitors may arrange for you to have a medical assessment with at least one medical specialist so a report can be prepared.

We work closely with known and trusted medical experts in many different areas of medicine. That means we can help with a wide variety of claims, such as birth injuries, delays in diagnosis of cancer, neurology, spinal injuries and sepsis claims.

For a free consultation and legal advice, get in touch with our Medical Negligence Solicitors. We’ll be happy to answer any questions you may have on your situation, and what type of evidence will be needed to prove a claim, just reach out for more information.

We could manage your case on a No Win, No Fee basis, just ask us for details, and we can give you tailored advice to suit your needs.

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What is a Medical Expert?

A medical expert is a medical professional who has specialist knowledge of the area of medicine relevant to your case, such as an oncologist, gynaecologist or psychologist.

They must provide a complete, accurate and independent report, which will assist in all court proceedings. Medical experts can be instructed by the person making a medical negligence claim or by the other side to give an opinion in their case. Because of this, medical experts instructed by opposing sides may have different opinions – so it’s important to instruct a renowned and trusted professional.

What to Look for in a Medical Expert

Your medical expert must be able to provide a thorough and reasoned opinion about the evidence. They should explain their opinion clearly, referring to the facts in your case and supporting medical literature.

They must have detailed knowledge of the law surrounding medical negligence and be able to explain what has gone wrong, and how and why it amounts to negligence.

Your medical expert must be flexible and cooperative, as your Medical Negligence Solicitor will need to ask them questions as your claim progresses.

Although it’s extremely unlikely that your claim will go to Court, this is always a possibility. So, your expert will need to be willing to give evidence at Trial and be comfortable and confident in giving their opinions in a Court. 

Medical Experts: An Example

You want to make a medical negligence claim for an alleged delayed diagnosis of cancer, and believe it’s because your GP didn’t make an urgent cancer referral.

So, after taking on your case, your Medical Negligence Solicitor would get evidence from an independent GP.

They would review your medical records in detail to assess whether your care fell below an acceptable standard. They’ll review this alongside your evidence and any relevant guidelines, handbooks or studies to determine whether negligence has happened.

If they believe that the medical mistake or failure was negligent, we’d instruct other medical experts to assess the impact of the late diagnosis and whether or not it caused any damage to you. This could include a need for more extensive treatment, a longer recovery time or a negative impact on your long-term health.

In this situation, we’d likely need further medical evidence from an expert that specialises in oncology to assess these impacts on you.

Working with independent experts is a huge part of making sure we can build a strong claim on your behalf and helping you get an appropriate amount of compensation. It’s a normal part of making a medical negligence claim, so don’t worry if we tell you that a medical assessment is needed, we can arrange the assessment for you – and make everything easy and comfortable in your journey with us.

Contact Us

We understand that taking legal action can be daunting and worrisome, especially when legal jargon like medical expert reports is included – but we pride ourselves on our friendly and supportive approach. When you come to us, you can expect a personal service tailored to you and your needs. Call us on 0808 239 6043 and let us help you.

References:

Simpson Millar Solicitors. (n.d.). Serious Injury Claims - Spinal Cord. Retrieved from https://www.simpsonmillar.co.uk/personal-injury-solicitors/serious-injury-claims/spinal-cord/

Simpson Millar Solicitors. (n.d.). Late Cancer Diagnosis. Retrieved from https://www.simpsonmillar.co.uk/medical-negligence-solicitors/late-cancer-diagnosis/

Kate McCue

Medical Negligence Associate Solicitor

Areas of Expertise:
Medical Negligence

Kate joined the Clinical Negligence department at Simpson Millar in January 2023 after previously working at Chris Kallis Solicitors in Plymouth. Kate qualified as a solicitor in 2004 and has developed extensive experience in both Personal Injury and Medical Negligence.   

Initially Kate started working as a Defendant Solicitor for firms such as Bond Pearce LLP and DAC Beachcroft Claims Ltd. This has allowed Kate to develop a tactical advantage to her cases, using the experience of how a claim is dealt with from a Defendant’s perspective. 

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