Injury claim - In dispute of medical report

[Basement Bob]

Hi, I am currently in the process of a personal injury claim following an accident. Having attended the defenders medical legal expert, I have received a copy of the defendants medical report through and I'm in disagreement with much of its content. Its very biased and not impartial, information I gave has been omitted, words have been twisted and things have been claimed that I was to have said, which weren't said at all.

My partner was present with me due to aggressive pain medication making my brain the size of a flea and she can't believe the report either.

Do I just ignore all of this and put it down to his opinion or am I supposed to contest it in anyway?

I'm not really happy as it makes out that I said things which are opposite of things that I said in the assessment carried out by my appointed medical legal expert and in its report which was carried out before and accessed by the defence.

Sadly, I recorded the appointment covertly and its pretty clear what I said isn't what's written?

Thanks in advance, Bob

[des8]

Re: Injury claim - In dispute of medical report

Hi and welcome.

Sorry to hear you have been injured.

As this appears to be a contested claim, can we assume you have a legal team dealing with your case?

In any event the expert's job is meant to be to prepare a report based on an impartial independent assessment of your injuries.
The expert should be a consultant specialising in your type of injury.
Your solicitor should analyse the report in detail, and you need to advise him in writing of your concerns
Any factual errors and the report needs to be returned for correction.
If you or your solicitor consider the expert's diagnosis or prognosis may be incorrect, they should be challenged.

[Basement Bob]

Re: Injury claim - In dispute of medical report

Hi, thanks for your reply.

I have been quoted to say things that clearly were not said and the report is framed out with irrelevant information and rather twisted.

I have a witness to verify the content within the document that does not match with what was said by me.

Who do I submit my complaint to regarding this report or do I seek additional legal action independent from my case.

[des8]

Re: Injury claim - In dispute of medical report

Is this an insurance matter?

Was the medical examiner a specialist in your type of injury?
Did your legal team agree his appointment?

Did the court order the examination?

Presumably, besides disagreeing with the reports contents, the conclusion is not one with which you agree.

The examining clinician has a duty of care to you to use reasonable skill and care in providing his services in writing the report.
A breach of that duty enables you to bring a claim for damages suffered as a result, but do not underestimate the cost, stress and difficulties bringing such a claim will entail.

Challenging is going to be difficult and probably expensive, and your own legal team seem to be saying there is no point.
First step would be to obtain your own report from a different specialist, to see if the conclusions differ substantially.

[Basement Bob]

Re: Injury claim - In dispute of medical report

It appears that he has failed in his duty on this one. I have not discussed the matter as such with my legal team as he wasn't appointed by them and they were not present either. It is me who has a problem with it knowing what was said and what was written are not the same and so I am seeking legal advice regarding it from someone who can see it for themselves as opposed to me speaking generally about it.

I probably haven't explained it best as I've not got the best ways with words when I'm so tired but thanks for taking time in replying to my post

[des8]

Re: Injury claim - In dispute of medical report

Well I wish you good luck with this.
Your first step is probably to discuss the matter with your legal team, who may well then order their own examination and report.