Not happy with a medical report?

First published by Author on August 22, 2018 in the following categories: Accident Claims Compensation and tagged with injury claims | motorbike claims

Are you not happy with a medical report as part of a motorbike accident compensation claim? What can you do if you are not happy with your report?

The purpose of the medical report is for your case to be supported (or in some cases, perhaps not supported) by independent medical evidence. The expert has a duty to the court to provide their unbiased opinion as to your injuries and suffering, and the contents of this report will largely dictate whether you can claim, and how much compensation you can be entitled to.

So, given how important it is, it can be a huge problem if you are not happy with a medical report. If that’s the case, what can you do?

Firstly, why are you not happy with a medical report?

Firstly, we need to know why you are not happy with a medical report that’s been obtained for your case. If it’s because a date is wrong, or perhaps they have accidentally written down the wrong leg you landed on when you came off your bike, this should be fixable.

Normally, a request should be made to the expert for a factual change. So long as there’s nothing to contradict the factual change, there shouldn’t be an issue. If the error is because you say one thing and your medical records say another, you need to work out which is wrong, as information can be recorded incorrectly.

What if I don’t think the expert’s opinion is correct?

This is different. If the reason you’re not happy with a medical report is because you don’t agree with the opinion of the expert, we need to see why you don’t agree.

Their job is to provide their expert opinion, so their opinion is not something you can easily change. If they say you will only suffer for a certain period of time, but you suffer beyond that period of time, they need say whether they think the suffering is accident-related.

They may think that the suffering is related to something else, like degenerative conditions, or inherent medical problems; even if you were symptom-free prior to your accident. In this kind of scenario, it’s hard to force an expert to change their professional medical opinion I’m afraid.

Can I change solicitors if I’m not happy with a medical report?

You can try, but even though you are not happy with a medical report does not mean that the medical report will never be seen by the other side.

There are circumstances where the other side can be entitled to sign of the report, even if you don’t agree with it.

Normally, we cannot accept a case transfer from another firm unless it’s a serious injury claim. In those circumstances, please feel free to contact the team for further assistance and advice.

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