Expert Medical Legal Report? (Breach and Causation) Compliant report, question ?

[ardvo]

Hello, a question, on a medical legal report:

I wont get into the details of the claim, but to make it short, is about getting an expert medical legal report from a specialist, who will comment on breach of duty & causation on a particular case.
This is a self representing case, and some experts have been approached to write this medical legal report.

One has said that they can write the report, commenting on both breach of duty & causation, but his reply letter seems a bit confusing,

________

"I can produce a medicolegal report on (patient name) in terms of
*Breach of duty
*Causation

but in this letter he also states this:

"I feel that it will be difficult to prove *Breach of duty"

________


But aren't those two above sentences he has wrote contradicting each other?

he can do a report, commenting on breach of duty + causation,
but he then goes and says "I feel that it will be difficult to prove *Breach of duty?


or does he mean, he can comment on breach of duty & causation (from his professional opinion), but he is on about when the report goes to the defendant

then this defendant and their own expert will challenge this report, and show that it can't be proved - is that what he means, by saying breach might be difficult to prove?


or even if it went to court then it would be difficult to prove on 'just' this report alone (even if the expert writes about breach of duty & causation)


Have contacted him but is away abroad, so just thought somebody could make sense of this and clarify it?


Thanx folks

[Nebula]

Re: Expert Medical Legal Report? (Breach and Causation) Compliant report, question ?

I'm no medical or legal boffin but I too would be raising my eyebrows at the terms expressed.

I suggest you go back to the source and ask him to be candid after you explain your concerns and clarify what he means and how - if - this is going to help your case.

[Openlaw15]

Re: Expert Medical Legal Report? (Breach and Causation) Compliant report, question ?

Hello, a question, on a medical legal report:

I wont get into the details of the claim, but to make it short, is about getting an expert medical legal report from a specialist, who will comment on breach of duty & causation on a particular case.
This is a self representing case, and some experts have been approached to write this medical legal report.

One has said that they can write the report, commenting on both breach of duty & causation, but his reply letter seems a bit confusing,

________

"I can produce a medicolegal report on (patient name) in terms of
*Breach of duty
*Causation

but in this letter he also states this:

"I feel that it will be difficult to prove *Breach of duty"

________


But aren't those two above sentences he has wrote contradicting each other?

he can do a report, commenting on breach of duty + causation,
but he then goes and says "I feel that it will be difficult to prove *Breach of duty?


or does he mean, he can comment on breach of duty & causation (from his professional opinion), but he is on about when the report goes to the defendant

then this defendant and their own expert will challenge this report, and show that it can't be proved - is that what he means, by saying breach might be difficult to prove?


or even if it went to court then it would be difficult to prove on 'just' this report alone (even if the expert writes about breach of duty & causation)


Have contacted him but is away abroad, so just thought somebody could make sense of this and clarify it?


Thanx folks

In short a claim for personal injury requires a duty, breach, and causation. You can do something wrong, ie breaching a duty but the breach must have resulted in the personal injury, ie causation. In other words, there must be in addition to a breach, causation (blame) proved for the injury also.

[ardvo]

Re: Expert Medical Legal Report? (Breach and Causation) Compliant report, question ?

In short a claim for personal injury requires a duty, breach, and causation. You can do something wrong, ie breaching a duty but the breach must have resulted in the personal injury, ie causation. In other words, there must be in addition to a breach, causation (blame) proved for the injury also.

"Requires a duty, breach and causation"

Does it also require a "condition and prognosis" report too ?

[Openlaw15]

Re: Expert Medical Legal Report? (Breach and Causation) Compliant report, question ?

"Requires a duty, breach and causation"

Does it also require a "condition and prognosis" report too ?

Well there needs to be evidence of the personal injury. In terms of causation it must be proven that the personal injuries suffered link to the party who's alleged to have committed the breach of duty. If you provide me with some details, ie what type of personal injury is it (ie what medical condition), who is the tort (wrong) against, what type of medical expert is it, and what type of report, who's the report for? How much was the report, what's the medical expert's qualifications? When did the incident happen? What type of representation is the medical expert offering, for instance will they attend court for you, or is your reliance just from the medical expert's report (witness statement) alone under the hearsay rules' admission? How much have you valued your personal injury claim at? What about other witnesses where relevant?