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

Lindsay Clark
Author:
Lindsay Clark
Medical Negligence Solicitor
Date:
08/12/2020

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.

We could manage your case on a No Win, No Fee basis - ask us for details.

Call us on 08002605010 or request a callback and we will help you.

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. 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.

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 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, and we can arrange the assessment for you.

For free legal advice call our Medical Negligence Solicitors

We're happy to help

Monday to Friday 8:30am-7:00pm

08002 605 010

08002 605 010

We're happy to call you

Simply click below to arrange a call

Request a Call Back

Request a Callback

This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose

Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Bristol, Cardiff, Lancaster, Leeds, Liverpool, London and Manchester.