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Can't get Medico/Legal Report from Doctor

  • 19-03-2020 10:58am
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Hey,

    I hope this is in the correct area, if not, hopefully a mod can move it to the correct forum.

    I was involved in a car accident in September 2019 and I'm currently pursuing a personal injury claim for the injuries I received in the accident.

    I have a solicitor in place and the case is now ready to progress to the Personal Injuries Assessment Board. The one thing holding up my case is my GP not forwarding on a Medico/Legal report from my accident to my solicitor.

    The accident happened in the middle of September 2019. My solicitor wrote to my GP requesting this report on 16th October 2019, 17th January 2020 and the 12th February 2020. All letters have been ignored by my GP, even though the last letter written to him the solicitor requested the Medico/Legal report to be sent to him within 7 days of receiving that letter.

    I too have done my part, calling the GP Surgery numerous times, and have written two letters asking for this to be done as a matter of urgency.

    I am aware that there will be a fee for this and even though I am a medical card holder, I have informed my GP that I will pay whatever his fee is for the report. So, it's not a case of him worrying about not receiving a payment fee for the report as I informed him I would drop in the money when the report is completed and ready to be sent to my solicitor.

    I was told by his secretary that if I want to see him to talk to him regarding this, I would need to make an appointment and it would not be covered by the medical card and I would have to pay a standard visit fee of €60.00 for the visit. I can't afford that at the moment, and even if I could, there's no guarantee he would write it up during that appointment. He could easily say he will get on to it and then do nothing like he has currently been doing since September.

    I really am at my wits end, as the case will probably take a 1 year or so to be looked at by the Personal Injuries Assessment Board and these past few months have wasted valuable time in that regard.

    Is there anything else I can do? He clearly won't respond to me or my solicitor. This is shocking behaviour from a medical professional. Am I just stuck in limbo now and just have to hope he will do it sometime in the future or is there another avenue I can take.

    My worry now is that it definitely won't get completed at the moment because of the Covid-19 outbreak and he will probably be very busy.

    Thank you for any help you might be able to offer me.


Comments

  • Administrators, Society & Culture Moderators Posts: 14,910 Admin ✭✭✭✭✭Big Bag of Chips


    It is unclear if you've already seen your GP with regards to this, I assume you have. You could request a call back from the GP. But accept at this time they are incredibly busy and the call back might take some time.

    You could also look into the option of moving to another GP practice and requesting that all you medical records be forwarded to that GP.

    But I think your first option needs to be talking to the GP directly.


  • Registered Users, Registered Users 2 Posts: 23,901 ✭✭✭✭ted1


    Did you see and receive treatment from the GP?
    GPs are really busy with covid-19?
    Did you ask for the report before the solicitor? Does the GP know you are allowing a 3rd party access to your medical records ?

    Are you making a legitimate claim? Perhaps the GP feels you are playing up the injury or didn’t asses you to the extent the report requires and so can’t complete it


  • Registered Users, Registered Users 2 Posts: 15,411 ✭✭✭✭woodchuck


    My worry now is that it definitely won't get completed at the moment because of the Covid-19 outbreak and he will probably be very busy.

    This. I'm sorry, I know it's incredibly frustrating for you and this has been dragging on for a long time. But GPs are incredibly busy at the moment with much more important issues.

    Wait for the coronavirus situation to settled down. Once things go back to normal, then go to your GP. Pay the 60euro if you need to and make sure to get what you need during that appointment. I wouldn't contact your GP at the moment though.


  • Registered Users, Registered Users 2 Posts: 685 ✭✭✭zapper55


    Firstly this isnt as urgent as covid19. And I'd imagine gp's are reluctant to see anyone that isnt an urgent case to minimise the spread of the disease. You may need to wait a while

    Secondly you say you'll pay whatever fee is needed and yet you wont pay the 60 consultation fee for the next step? And yes I realise there's no guarantee of a report from it. Save up for the 60 and go in when you can afford it.


  • Registered Users, Registered Users 2 Posts: 443 ✭✭marizpan


    My understanding of these reports is that they have to be paid upfront before any report is produced and that they cost €300-400 range.
    I would say your GP was avoiding doing unpaid work.


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  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    marizpan wrote: »
    My understanding of these reports is that they have to be paid upfront before any report is produced and that they cost €300-400 range.
    I would say your GP was avoiding doing unpaid work.

    This is it above.. Fee needs to be paid upfront in most GP offices. In practice the GP will call you in for MedicoLegal appointment (longer than standard app.) You will pay on the day of this appointment and report sent on to your solicitor.

    Not sure many GP have time over next very weeks to be dealing with Medicolegal reports as they are very time consuming. You will get it done however so no need to panic.


  • Registered Users, Registered Users 2 Posts: 1,813 ✭✭✭Wesser


    Its actually not shocking behaviour. Read back over your post and consider that we are in the middle of a pandemic. Your gp is not denying you mefical care in any form. Its not your gp s job to make sure you get a payout. Its his job to look after your medical needs. It sounds to me that your gp has her priorities right. If you ca nnt afford 60 euro to see her then how can you expect that she will trust that you will be able to afford the full report.


  • Registered Users, Registered Users 2 Posts: 5,324 ✭✭✭JustAThought


    Your GP needs to see you and assess you. s/he is not going to do this over the phone. You have been IMO most rude to your doctor by commanding - via a solicitor - and multiple times - that they do this work for you - work you onow is not covered by your medical card and which you have not paid in advance for. You know each solicitors letter will cost you e100-200 ; and your doctor knows this too - but you say you have no money to prioritise for the doctor!? He or she is quite right to be blanking you. Apart from your sense of entitlement and rudeness there is also the issue of them not having seen to to give their medical opinion on the progression/improvement of the injury which anyone reading the form B medical report available online from the PIAB site will see has a lengthy section that doctor needs to discuss with you to be able to fill out - in addition to all the other medical reports and assesments that need compiling. Your solicitor if they are of any substance should know this - chances are they are also taking you for a lengthy and costly ride. The PIAB may also ask you to attend their doctor - more reports which may oppose your doctors opinion ot contest the claim. TBH it sounds as if you should have taken the advise of the receptionist and booked and paid for an appointment to evaluate and discuss your injury and then ASKED them if they would do the form B for you and asked for payment terms or cost or payment plan. You have really rubbed the one ally you should have had up the wrong way and you need your doctor on your side. If I were you I’d write and apologise and say you didnt understand and ask if they could give you an appointment for that purpose and go from there. Pity is you didn’t do it that way from the start as they are overwhelmed now and may not have the time for months to do it - anyone. At least check the PIAB website yourself and see gow long you have to notify the PIAB of the claim ( I think it is within 2 years but the sooner the better) - yoh also have to notify the people you are planning on sueing within a specific timeframe to use the PIAB system - I assume your solicitor has done this within the timeframe on your behalf and is not messing that about too? You don’t have to have the PIAB form lodged with PIAB to do that part- if that makes sense. I’d eat humble pie, make that appointment and borrow the money for the appointment & report. If your case is a shut and dry one it wiil be a good investment. The doctor who saw you at the hospital/ A&E could also di it but you will into the same cost issues there and they will never Id guess have the time to do it - even if you could get in contact with them and get a meeting with them which you can’t during their insane working hours - and you wont get to see a consultant without a letter from your doctor - etc.


  • Registered Users, Registered Users 2 Posts: 1,272 ✭✭✭qwerty13


    Your GP needs to see you and assess you. s/he is not going to do this over the phone. You have been IMO most rude to your doctor by commanding - via a solicitor - and multiple times - that they do this work for you - work you onow is not covered by your medical card and which you have not paid in advance for. You know each solicitors letter will cost you e100-200 ; and your doctor knows this too - but you say you have no money to prioritise for the doctor!? He or she is quite right to be blanking you. Apart from your sense of entitlement and rudeness there is also the issue of them not having seen to to give their medical opinion on the progression/improvement of the injury which anyone reading the form B medical report available online from the PIAB site will see has a lengthy section that doctor needs to discuss with you to be able to fill out - in addition to all the other medical reports and assesments that need compiling. Your solicitor if they are of any substance should know this - chances are they are also taking you for a lengthy and costly ride. The PIAB may also ask you to attend their doctor - more reports which may oppose your doctors opinion ot contest the claim. TBH it sounds as if you should have taken the advise of the receptionist and booked and paid for an appointment to evaluate and discuss your injury and then ASKED them if they would do the form B for you and asked for payment terms or cost or payment plan. You have really rubbed the one ally you should have had up the wrong way and you need your doctor on your side. If I were you I’d write and apologise and say you didnt understand and ask if they could give you an appointment for that purpose and go from there. Pity is you didn’t do it that way from the start as they are overwhelmed now and may not have the time for months to do it - anyone. At least check the PIAB website yourself and see gow long you have to notify the PIAB of the claim ( I think it is within 2 years but the sooner the better) - yoh also have to notify the people you are planning on sueing within a specific timeframe to use the PIAB system - I assume your solicitor has done this within the timeframe on your behalf and is not messing that about too? You don’t have to have the PIAB form lodged with PIAB to do that part- if that makes sense. I’d eat humble pur, make that appointment and borrow the money for the appointment & report. If your case is a shut and dry one it wiil be a good investment. The doctor who saw you at the hospital/ A&E could also di it but you will into the same cost issues there and they will never Id guess have the time to do it - even if you could get in contact with them and get a meeting with them which you can’t during their insane working hours - and you wont get to see a consultant without a letter from your doctor - etc.

    Please break that into paragraphs and provide punctuation


  • Posts: 5,369 ✭✭✭ [Deleted User]


    Presuming you were treated by your doctor at the time of the injury, they will need to see you again before providing the report.

    The report covers not just the injuries at the time but the healing that has occurred and the possibility of needing future treatment, healing time and / or still existing injuries.

    They are also a few pages in length generally and cost 300 + . Some doctors will do it in advance of payment, depends on the GP, the solicitor and your relationship. Normally however they will require payment in advance. I would suggest a medical card holder isn't a sure bet for the gp. No offence intended with that.

    That so being said, it's a pandemic, everyone is being told to stay inside, half the private sector has shut down and the other half is working at home or staggered hours.

    Those that are working, especially the medical field are upto their eyes at the moment so you are without a doubt, not even in his radar considering the report will be done outside of clinic hours.

    Relax, show some understanding of the situation as it is and revisit when you have the facts of the matter ie how much it will cost. Then make the appointment which it sounds like you refused.


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  • Registered Users, Registered Users 2 Posts: 15,411 ✭✭✭✭woodchuck


    Mod note:

    @qwerty13 and JustAThought - please only post if you have advice to offer the OP.

    JustAThought, I'm deleting your last post.


  • Registered Users, Registered Users 2 Posts: 263 ✭✭lunamoon


    Your solicitor should have informed you that you need to have a follow up with your doctor before they'll issue you a medical cert. You're not going to get it anytime soon with everything that's going on now so I'd forget about it for the time being.


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