legal medical reports

flutered

when a case is concluded is the plantiff entitled to request all the legal medical reports used in the course of the action, as the plantiff has paid for them, also is their a time limit on this, thanking you in advance for your replys.

nuac

Medical reports usually exchanged before trial under Rules of Court,

See SI 398.1998

drkpower

flutered wrote: »

when a case is concluded is the plantiff entitled to request all the legal medical reports used in the course of the action, as the plantiff has paid for them, also is their a time limit on this, thanking you in advance for your replys.

How has the Plaintiff paid for them?

As Nuac says, the expert reports (that the Defendant intends to rely on) have to be exchanged before trial. If the matter is settled before then, there is no obligation to disclose them.

flutered

ok folks, lets put it this way, i am the plantiff, as part of his acessment of me, the consultant required a mri scan, i toddle of to wherever de decides that i an to have it, i shell out, the consultant then makes his report, it now goes to my solicitor, when the action is settled am i entitled to the consultants report including the mri scan which i had to pay for before undergoing the scan, hopefully this clarifys my question.

MagicSean

Contact the hospital and request a copy. You might have to pay a small fee for the copy.

flutered

MagicSean wrote: »

Contact the hospital and request a copy. You might have to pay a small fee for the copy.

you have not answered my question, is the consultants report, property of (a) the consultant, (b) the colicitor. or ( the plantiff). if it is the property of the plantiff how does one go about getting it into their possesion.

drkpower

flutered wrote: »

ok folks, lets put it this way, i am the plantiff, as part of his acessment of me, the consultant required a mri scan, i toddle of to wherever de decides that i an to have it, i shell out, the consultant then makes his report, it now goes to my solicitor, when the action is settled am i entitled to the consultants report including the mri scan which i had to pay for before undergoing the scan, hopefully this clarifys my question.

If the medical report was commissioned on your behalf, you have a right to the medical report through your solicitor. The medical report will probably refer to the result of the scan anyway.

If you want the scan also, you can request it direct from the consultant/hospital by way of a data protection request.

flutered wrote: »

you have not answered my question, is the consultants report, property of (a) the consultant, (b) the colicitor. or ( the plantiff). if it is the property of the plantiff how does one go about getting it into their possesion.

The scan & result of the scan is technically the property of the consultant/hospital, but you have a right to access it.

flutered

drkpower wrote: »

How has the Plaintiff paid for them?

is it not the norm for the plantiff to pay the consultant before a consultation takes place.

drkpower

flutered wrote: »

is it not the norm for the plantiff to pay the consultant before a consultation takes place.

Depends on the arangement you have with your solicitor; sometimes your solicitor will pay the fee (if, for instance, you are on a 'no foal, no fee' arrangement).

But, in any case, I thought you were referring to the Defendant's medical reports of you (which they would pay for).

flutered

The scan & result of the scan is technically the property of the consultant/hospital, but you have a right to access it.[/QUOTE]
so the plantiff shells out 600 euro to have a scan done, then the scan remains the property of the consultant / hospital, this has to be one of the most unbeliveable laws around, but then hey this is ireland, so consultants own their patients.

drkpower

flutered wrote: »

so the plantiff shells out 600 euro to have a scan done, then the scan remains the property of the consultant / hospital, this has to be one of the most unbeliveable laws around, but then hey this is ireland, so consultants own their patients.

Whats the problem?

You have every right to get a copy of the scan/result/report.

What is it that you want to achieve?

Corruptable

flutered wrote: »

but then hey this is ireland

Why the hell does everyone say that when it comes to the law. Sitting in the Circuit and District Courts recently I thought my head would explode if I heard that phrase once more when things didn't go someone's way.

flutered

drkpower wrote: »

Whats the problem?

You have every right to get a copy of the scan/result/report.

What is it that you want to achieve?

one would like to have in their possesion each and every report which one has paid for, usually as money had to be borrowed to pay for them.

drkpower

flutered wrote: »

one would like to have in their possesion each and every report which one has paid for, usually as money had to be borrowed to pay for them.

And you can have it in your possession. You just need to ask.

What is the difficulty here?

MagicSean

flutered wrote: »

one would like to have in their possesion each and every report which one has paid for, usually as money had to be borrowed to pay for them.

And you have just been told you can have it. Of course if you have a computer system capable of translating and displaying three dimensional MRI pictures then I am sure you could request the raw data.

flutered

Corruptable wrote: »

Why the hell does everyone say that when it comes to the law. Sitting in the Circuit and District Courts recently I thought my head would explode if I heard that phrase once more when things didn't go someone's way.

i am enquireing about a specific instance, btw, sitting in various solicitors offices i suffer from the same thing.

drkpower

flutered wrote: »

so the plantiff shells out 600 euro to have a scan done, then the scan remains the property of the consultant / hospital, this has to be one of the most unbeliveable laws around, but then hey this is ireland, so consultants own their patients.

Actually, almost every country of which I am aware as pretty much the same laws in this regard.

nuac

You are entitled to all medical reports you had paid for . As MagicSean states radiologists now use very sophisticated imaging software, which may not travel to t he ordinary office or home computer system.