Personal Injury Claim. Problem with medical report. Help Please.

mossstitchmama

Hi

I am currently pursuing a claim for injury sustained when my car was written off after being hit by a Range Rover.

I visited my GP to be referred for treatment. In the consultation, he asked if I had suffered from back pain previously. I replied no, the last time was before I had my daughter (nearly 20 years ago) and that the pain wasn't in the same place.

This has been written in my notes as that I have had back pain for over twenty years. I have had MRI scans and various consultations. The report compiled by the company dealing with the claim insists that I have a pre existing back problem, just from one line in my notes.

I have spoken to my GP, and whilst he will not alter his original notes, he has written an additional letter which confirms that at no point have I sought treatment for, or mentioned in any consultation, that I have ongoing back pain. I have been with the surgery for 16 years.

I now have received a letter saying that their medical expert, who didn't even examine me, just chatted for 20 mins, will not remove the incorrect comment from his report. He has also refused to mention the additional letter my GP sent saying I had never been treated for back pain at his surgery before the accident.

Should I just let it go? I cannot work as I am in constant pain in my neck and back. Most days it is low level but annoying.

rs65

mossstitchmama wrote: »

Should I just let it go? I cannot work as I am in constant pain in my neck and back. Most days it is low level but annoying.

The obvious answer is 'no'. But, are you prepared to stand up in court and say that this pain that subsided and flared up last year is preventing you from working? You didn't seek medical advice for almost 3 years?

What did the MRI show?

Presumably court proceedings have commenced therefore you have a solicitor? What is their advice?

InsideInsurance

Welcome to the world of PI claims, medical reports are frequently done by doctors who will almost reuse the same report time and time again just changing the name of the subject at the top.

From a personal perspective I've a few friends who are bikers and most have been knocked off, some a few times. Each of them that has say the medical reports bared little relation to life. Most were an exaggeration of how bad things were but others overplayed pre-existing issues

You need to speak to your representatives and ultimately see if they are willing to pay to get it sorted. In my day of claims handling they'd be unlikely to as its a cost they'd have to pay that was irrecoverable and didnt impact their income. For firms now acting on a no win no fee basis they can keep up to 25% of your winnings and so they may be more inclined to pay for an improved medical report if their share in the increase in settlement would offset the cost

mossstitchmama

This medical report was produced by my side. They have had access to all my medical records and agree that there is no previous mention of back pain at all in my GP records prior to the accident.

I have had varying degrees of pain since the accident. I visited my doctor as soon as was physically possible after the accident and have tried to cope. I have worked after the accident (I applied before it happened) but had to give up as it was too much physically.

I am very confused because they are willing to present a report which I can prove is untrue and will directly affect the outcome.

Previously they have said if I didn't accept the medical report, they hinted at billing me for treatment.

I have another chronic medical condition which I am surprised they haven't mentioned at all in the report.

OnanTheBarbarian

What have the MRI scans revealed?

The expert is correct to say you have had a pre-existing back problem (the incident 20 years ago) as this is factually correct, but it is the significance of this problem and how much weight the expert puts on what appears to be a historic isolated incident that matters.

I suspect that your focus may have been drawn to mention of this, but what about teh MRI scan?

If the MRI scan reveals a pre-existing degenerative problem, then the accident may have acted as a catalyst and accelerated the onset of a problem you were due to encounter anyway, but not for a number of years.

You can be symptom-free before the crash and then suffer back pain, which never goes away. Your natural instinct is to blame the accident for all of this as you did not have the problems before the accident. but if the MRI reveals you were on borrowed time due to degenerative discs and other problems, then the accident will only be deemed to have possibly accelerated the onset of a pre-existing asymptomatic condition by a number of years.

What that would mean is that if the expert opinion was that the accident accelerated the condition by 2 years. You would be entitled to claim for compensation for a 2 year period of symptoms and any associated losses/ treatment costs etc. After that time, any ongoing problems would be deemed to be down to the pre-existing condition.

The MRI results will be key in getting to the bottom of this.

I would suggest you read the report again and see what it is saying and post back up here, or just ask your solicitor to explain the report findings and what this means for the claim in a clear and understandable manner.

mossstitchmama

The mri scans (back on NHS, neck done by claims company) as far as I know show nothing out of the ordinary for my age. I have not been allowed to see the results.

My problem is what I actually said to my GP during the consultations bares no resemblance to what their expert says my GP notes say.

When asked, I said that the last time I had suffered back pain before the accident was approximately 20 years ago, was in a different place to the pain now, and didn't reoccur after my first pregnancy.

According to the expert report, "she presents with a history going back nearly 20 years of left lower back pain". I am interpreting that as they are saying I had problems in the same area before the accident which is not true at all.

I have been referred to a second physiotherapist clinic (non NHS) and am struggling because the exercises they are insisting I do are making my back much worse.

So tempted to tell them to stuff it. I don't need any additional stress.

dotdash79

I have this at the moment with a PI medical report, I've sent a list of corrections and comments and waiting to see what happens.

mossstitchmama

Thanks for your reply dotdash79. Please let me know how you get on.

I have already asked them to correct this, accompanied by a letter from my GP stating that they have no record of me visiting for back pain or even mentioning it in passing in the 16 years I have been at the surgery (until after the accident).

Their expert has reviewed the letter from my doctor and refused to amend his report. I don't know what else I can do, other than refuse to sign the report.

[Deleted User]

Make an official complaint. If you don't get any joy, try the FSO.

InsideInsurance

DELETED USER wrote:

Make an official complaint. If you don't get any joy, try the FSO.

FSO? Do you mean FOS? If you do then they dont regulate the action of solicitors nor the medical expert the solicitors appoint.