Medical negligence-2nd Expert opinion(radiologist/oncologist),can they be from abroad

katesheet

Online service - Abroad medical experts?


In negligence cases, medical experts opinions (radiologist, or oncologist) are needed.

There are many 'online' services/companies of professional experts,

where you can send your XRAY image by email to, and the professional oncologist /radiologist from a different country (USA for example) can check it, and give you a report in under 1 week, (for a price)

For negligence cases, which go through the courts, would it be 'fine' to use these reports from 'online experts' as proof to show negligence? (compared to a UK negligence specialist)

or the court could possibly say "no, that cannot be used, as it is not a specialist in the UK"

or the defendant (Hospital) could argue, that they are Not a specialist in the UK


Added:

This is how them online companies work


You get your Xray image (from when you attended a UK clinic)

you find an online opinion specialist,

You upload this Xray image on their site, (or email it to them)

The abroad professional receives this xray, then assesses it, and checks the Xray for any thing, abnormal, or anything which needs to be pointed out.

They do a report on the findings

you pay them online, and they send you their professional report over

Submitting evidence in a Uk court?
If it came, that the abroad expert, had to come visit the UK to speak in court, then we would consider paying the costs of travel + accommodation.



I suppose the option of this abroad report, of 'finding something' to use as evidence, in their report,

than can 'this report' can be handed to a UK expert, and they can do a similar report, so we have 2 reports?



Note: the Xrays and report of the patient, is of a patient who is a deceased, so their 'past' records would are the ones to be examined, to be seen if anything can be found on them images to see if anything could have been done to save.

(I don't want to go in too much detail on this part), but mainly the question is about using an online experts opinon/report.


Even if you can point things out, and possible pitfalls it would be appreciated,

Cheers everybody

agrinnall

Even if they were allowed how would the other side be able to cross examine unless you also funded the expert's travel to the UK?

hcb42

get a second (UK?) opinion?

OnanTheBarbarian

Have you spoken to a solicitor about your claim?

An opinion from an overseas doctor would perhaps help to get a case off the ground, but you would need a report from an expert which was compliant with the Civil Procedure Rules for it to be valid in court and as already pointed out, the expert may be required to attend trial for the purpose of cross examination.

Bringing a clinical negligence claim on your own is not for the brave and you could ruin your prospects by "having a go" and not presenting your claim well enough or getting battered by professional opposition.

Yes a no win no fee lawyer would have upto 25% off you on a claim worth under £25k (probably less on a higher value claim) but it is worth getting some initial advice for free.

The overseas opinion may get interest if the results confirm your suspicions. But further expert opinion would then be needed from a UK based expert, which a solicitor would probably be happy to engage if you have a "desktop" type report from an overseas expert.

Galeeno

Second opinions are helpful to see anything dismissed, but make sure it is done creditably.

agrinnall

The OP's rather bizarre edit of her post rather than just writing a response in a new post puts me in mind of spam, but for now I'll give her the benefit of the doubt and see what other people think.

InsideInsurance

For medical negligence cases then it would also depend on what the allegations are.

If you are considering that they missed something/ miss understood results etc then an overseas doctor probably will be ok, particularly if its from a country where their training would be considered appropriate to practice here.

Where you will get into much more ropy grounds is if you are talking about treatments or additional investigations that should be done etc as these vary massively between countries. There would have to be good knowledge of the UK guidelines and any comments only be given based on them rather than their local ones.

Galeeno

The knowledge and guidelines of health of the human body might be the same worldwide, but laws will differ

InsideInsurance

Galeeno wrote: »

The knowledge and guidelines of health of the human body might be the same worldwide, but laws will differ

Medical experts dont give opinion on law so that part is irrelevant.

Guidelines vary greatly between countries, my former mother in law has a simple slip and hurt her wrist. In the UK at most it would be is an x-ray and even that may not happen. In the USA where it happened she had a full body scan "just in case".

Galeeno

Guidelines do vary,

My American cousin was saying in the USA sue people for the smallest things, but USA are thorough with healthcare checks.

Karen_taris

sometimes spending more early, on a reputable professional at the initial stage pays of and can prevent hicups further down the way.