If you are making a claim for compensation as a result of injuries that you have sustained in an accident that was not your fault, then a medical examination is a vital piece of evidence in terms of building your case. You will need to be able to prove that your injuries are legitimate, and that you are genuinely suffering as a result of the accident. This is particularly important if you are currently unable to work due to the injuries that you have received.
One of the key questions is who will carry out the medical examination. The answer to this is that the injuries can be assessed by any doctor, but usually it will be the claimant’s own local GP. Whilst it is not uncommon for the GP to consult a specialist regarding a specific injury or condition, for example, consulting a dermatologist for a skin condition, or an oncologist for cancer, a GP is still capable of verifying that your injuries or illness are legitimate.
The fact that your own GP is able to verify your injuries or illness will work in your favour. Their knowledge of your medical history, in a sense carries more weight than a doctor you’ve never seen before, and will back your claim up substantially in terms of having both someone you can trust on your side and the natural authority that a doctor carries. Just as a trained solicitor adds more strength to your case because of their legal training, a doctor adds more weight to the argument because they are medical experts and as such their opinion on medical matters is valued by magistrates.
A doctor’s expert medical knowledge will mean that they can provide more colour and detail to the specifics of the injuries that you have suffered as a result of the accident. Non-medical people might be able to offer their views on how sharp the pain is, but other than that they can’t inform those who are adjudicating on the case the precise facts. Doctors are able to inform the magistrates and juries of the specifics of your condition, how sharp the pain typically is when compared to other conditions, exactly why you’re not able to work (if that is the case) as well as how long someone would typically take to recover, if at all. This level of detail is invaluable.
As well as the medical details of the condition, doctors are able to give an accurate picture of how much of a financial burden the condition is likely to be. They will doubtless have treated your condition many times, and will know exactly what medicines, equipment and specialist appointments are needed to deal with it. They will know how much this is likely to cost you over the period of time that you will be afflicted by your condition. This level of detail will mean you are far more likely to get the amount of compensation that you really need.
Date Published: September 28, 2013
Author: David Brown
Category: Medical negligence claim