Why is medical evidence needed?
What is a medico-legal report?
Independent expert commissioned by your solicitor; different from NHS treatment records
Who carries out independent medical examinations?
Orthopaedic surgeons, neurologists, psychiatrists, GPs — depends on injury
What is in a medical report?
Diagnosis; causation; prognosis; impact on activities; treatment needed; return-to-work prognosis
Can you refuse a medical examination?
Defendant can request own examination; refusal without good reason risks adverse costs consequences
What if the medical evidence is disputed?
Joint expert; sequential reports; court resolves conflict on balance of probabilities
Sources
- CPR Part 35 (expert evidence)
- Practice Direction 35
- Pre-Action Protocol for Personal Injury Claims