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Do defendants get there own medical report,so they can look for any flaws/errors in t

  • 28-02-2017 5:59pm
    #1
    maryjane1970
    Registered Users, Registered Users 2 Posts: 41 ✭


    When your unfortunate enough to have an accident and you start a claim,(after a while )your solicitor sends you to his/her specialist  for a legal report.its could be for broken bones or mental health issues.
    Do the defendants send you to there own specialist to try and catch you out or look for any flaws/errors?
    Or is a case of making sure everybody gets a slice of the "big personal injury cake?"


Comments

  • #2
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    catch you out or look for any flaws/errors?

    ?

    Either you are injured or you are not. PIAB send you for an independent medial report and most Defendants do the same.


  • #3
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Yes, I prepare medico legal reports for both plaintiffs and defendants. For plaintiffs, if requested by the defendants solicitor, the report is to give a professional opinion on whether the injuries are consistent with what is being claimed. The mind boggles with some of the stuff that is claimed.

    The reports must be based in fact, a medical practitioner cannot claim that an injury is not bone fide just because the report is being paid for by the defendant, the practitioners must be able to stand over the report in court and his/her credibility is on the line.


  • #4
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Mr. Incognito wrote: »
    ?

    Either you are injured or you are not. PIAB send you for an independent medial report and most Defendants do the same.

    Not all injuries are easily verifiable, that's why whip lash is such a popular claim after trauma.


  • #5
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    maryjane1970 wrote: »
    When your unfortunate enough to have an accident and you start a claim,(after a while )your solicitor sends you to his/her specialist for a legal report.

    If you are a personal injury plaintiff, if you have been injured, if you have gone to a doctor about your injuries and if you hire a solicitor to act for you, then you would expect your solicitor to write to your doctor to take up a report, in order to make your case on your behalf.

    Although it is possible that a plaintiff's solicitor may write directly to a consultant/specialist to request examination and report of the plaintiff where further medical evidence is required, this is not something which happens in most cases.
    maryjane1970 wrote: »
    a slice of the "big personal injury cake?"
    Ironic that a personal injury plaintiff would use this metaphor.


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