Medico Legal Reports

[CokeTulip]

Say the report is completed - Does the client get the chance to comment on this document and if so (civil case) what else is usually required of the client (in relation to this document)?

How important is this document?
Thanks

[EDDIE51]

What are the reports for? accident, medical negligence, compensation claim ? we need more information as to why the reports were made.

[CokeTulip]

Eddies1 - PI (Personal injury) compensation claim.

[Peter Pedant]

from what you have said v v impt

since they have your name on it - it is your data and you have a right to the report -

you dont normally get to comment (and therefore change ). Egdell is all about a report the claimant didnt like and whether it was lawful to circulate it.

changes to reports can and are the subject of cross-examination in court and obviously the reason why - the instructions to the doctor may not be disclosable for reasons I havent worked out

I hope the usual suspects contribute
There is a long series of cases beginning with W v Egdell, through an intriguing case wh really is called X v Y, onto Taranto and in re a child.The junction of breach of confidence and invasion or privacy. Lawyers have obviously made a lot of money from this. There is even a case about a mad Chief Constable I think

I await the comments of Those Who Know

[CokeTulip]

Peter - thank you.

[EDDIE51]

You can see the report but you can not add any comments to it.

[CokeTulip]

If anyone knows ?
Just wondering aswell if this report has to be disclosed to the other side in every situation or will they get their own done.
Thanks

[FredPuli43]

What happens generally is that the two sides try to agree a report, or agree findings from the various experts they employ.

[tonywiltshire]

As Fred says both sides will try to agree and your side should enable you to be able to correct any errors within the report but you may find a medical practitioner does not have to disclose information that may cause difficulties. It was found in 2003 (Wainright v Home office) that there is no common law tort of invasion of privacy and therefore no remedy in English/Welsh law it would be necessary to use article 8 of ECHR (Hatton v UK) you may find S 4 & 5 of the Medical reports Act 1988 of interest.

[CokeTulip]

Fred & Tony - you have been really helpful, thank you. I'll look up that Med Reports act.