Legal advice

SMC_2

DAS appointed us a lawyer in our area. It has not been passed to someone else within this company.

I am not really arguing my own evidence as the bulk of the report is based on my medical notes and I pointed out to the lawyer this, many of the statements the DR made in this report were incorrect.

I had no say in this DR, I was told to see him, he was chosen by the insuers we are claiming against.

Astaroth

As I say, I am out of my depth in talking about Scottish Law as I only have a basic understanding. I predominately handled England & Wales and whilst I know there are a lot of parallels but different names used (pursuant rather than claimant for example) I am not aware of it in enough detail to give further advice.

Certainly under English law it would be highly unusual for the TPI to appoint the sole medical expert to be used. Whilst the claimant isnt involved in the selection process it is normally their solicitor that short lists and ultimately picks the doctor to be used (assuming the TPI dont reject all of the short list)

SMC_2

Thanks for your help, I do appreciate it.

Anyone else here got any idea what the costs of being assessed by another consultant is. I have managed to find out that it will be no more than £50 for a copy of the medical notes.

Astaroth

I would estimate the average is in the region of £800 but this does vary a fair amount.

Bossyboots

Agree with Astaroth, you are looking at around £800.

Was the report released straight to the TPI? I did not agree with my medical report as it simply did not cover the nerve irritation in my arms and certain other physical aspects of my whiplash that were identified by my physiotherapist. I put in writing to my solicitor the things the doctor had incorrectly written, pointed out things I had told him that he completely left out and pointed out to her that his opinion differed from my physio who had treated me. She sent my comments to him (several months ago now it has to be said) and he has not asked for my physio records (not before time in my opinion). The report will not be released to the TPI until I say it is correct. The TPI failed to respond to my solicitor's request to agree an expert so they appointed one of their choice. I am surprised therefore that your report was released without you having approved the contents.

As far as legal aid is concerned, I have looked at the website for this in Scotland and I think it might be the case that the most you can get is some advice and assistance, not full legal aid. In any event, you are unlikely to be granted legal aid when you already have a means by which to meet your legal expenses and it cannot therefore be meritorious that you receive public funding to continue.

SMC_2

TPI, what is this?

The doctor was paid by the insurers we are claiming against and so the report was sent to them and eventually they sent my lawyer a copy.

I have clearly stated to my lawyer the errors in this report and their response has been to say I should see an independant orthopaedic but I will have to foot the cost if down the line the insurer won't pay all my costs.

As I said before the lawyer is on holiday so I can't do anything right now but I am not a 100% sure seeing another ortho is right, after all the report despite being full of errors about my records and psychologist they did state my neck has a problem. If I have to pay to be assessed again I feel it should be a psychologist or the like so I will be telling the lawyer this.

Yeah I figured it would be around a £1000, in fact someone else told me they paid £1300.

Bossyboots

For a psychological report you will be looking around £1300, if not more. We order these at work regularly and it is scary how much they get away with charging.

TPI is the third party insurer. I am not sure why your own solicitor has gone down this route. I even refused physio provision from my TPI because I did not believe she would be independent. If it actually contains factual errors then that is unacceptable but I have had the same experience as you. I remarked that I could not use the treadmill since my accident, he put that I could not go to the gym! I had told him my treadmill was at home! That is just one of the more minor inaccuracies that he put and he was instructed by my solicitor. It will be interesting to see what his updated report says.

SMC_2

Bossyboots wrote:

For a psychological report you will be looking around £1300, if not more. We order these at work regularly and it is scary how much they get away with charging.

TPI is the third party insurer. I am not sure why your own solicitor has gone down this route. I even refused physio provision from my TPI because I did not believe she would be independent. If it actually contains factual errors then that is unacceptable but I have had the same experience as you. I remarked that I could not use the treadmill since my accident, he put that I could not go to the gym! I had told him my treadmill was at home! That is just one of the more minor inaccuracies that he put and he was instructed by my solicitor. It will be interesting to see what his updated report says.

Thanks!!! I will to question why the lawyer is doing what they are.

They didn't even offer me physio or anything. Just a pathetic offer.

So are your getting the report done changed? Did your lawyer ask for it to be corrected?

Bossyboots

SMC wrote:

Thanks!!! I will to question why the lawyer is doing what they are.

They didn't even offer me physio or anything. Just a pathetic offer.

So are your getting the report done changed? Did your lawyer ask for it to be corrected?

My solicitor has sent him my comments and asked for a response. He has now asked for my physio notes.

He actually implied that the symptoms I described were not consistent with the nature of the accident although "he had no reason to believe the veracity of my statements"! This was completely at odds with my physio who was able to pinpoint my areas of injury simply from my description to him of how I and the car had been positioned at the time of impact. Two months ago I saw a physio practitioner because I still had symptoms and she said the same thing, my injuries were totally consistent with the circumstances of my accident. She even knew I had not anticipated the impact because one injury would have been more extensive had I braced myself. There was also a statement in my report that I was able to raise both my arms up straight although one was uncomfortable. That wasn't true. The only reason my left arm went up was because he was pushing it. Even with my new physio regime I cannot independently lift my left arm up to straight.

So now I am awaiting either a re-written report or an addendum. His prognosis of length of time to recovery was not dissimilar to the physio practitioner but what his report does not convey, in a similar way to your problem, just how much pain I have been in since the accident and most particularly, just how bad the nerve irritation in my arms is. That did not even rate a mention. Unfortunately the solicitors handling my case through my legal expenses insurer are pretty rubbish themselves and I have already had one change of fee earner after I had to complain to his supervisor twice that he was ignoring my correspondence.

SMC_2

Bossyboots wrote:

My solicitor has sent him my comments and asked for a response. He has now asked for my physio notes.

He actually implied that the symptoms I described were not consistent with the nature of the accident although "he had no reason to believe the veracity of my statements"! This was completely at odds with my physio who was able to pinpoint my areas of injury simply from my description to him of how I and the car had been positioned at the time of impact. Two months ago I saw a physio practitioner because I still had symptoms and she said the same thing, my injuries were totally consistent with the circumstances of my accident. She even knew I had not anticipated the impact because one injury would have been more extensive had I braced myself. There was also a statement in my report that I was able to raise both my arms up straight although one was uncomfortable. That wasn't true. The only reason my left arm went up was because he was pushing it. Even with my new physio regime I cannot independently lift my left arm up to straight.

So now I am awaiting either a re-written report or an addendum. His prognosis of length of time to recovery was not dissimilar to the physio practitioner but what his report does not convey, in a similar way to your problem, just how much pain I have been in since the accident and most particularly, just how bad the nerve irritation in my arms is. That did not even rate a mention. Unfortunately the solicitors handling my case through my legal expenses insurer are pretty rubbish themselves and I have already had one change of fee earner after I had to complain to his supervisor twice that he was ignoring my correspondence.

Sorry you are going through this but I am glad to know I am not alone in this.

The lawyer I had wasn't great, very slow but they have suddenly changed my lawyer to another in the firm so I am not too sorry. However the more I think about it the more I think in the handover something has been missed. They haven't gone to the insurers and told them I won't accept the settlement and I dispute the report, so that needs to be done so that is my first move.

Like you I can't lift one arm above my head.

Thanks again, it is great to be able to share and compare.