In your personal injury claim, you are likely to see a doctor many times, both for treatment and to assist the assessment of your legal claim; it can sometimes be confusing why you are seeing a particular doctor.
Injured claimants often have to see a number of doctors, both organised by their lawyers, and by those on the other side of the claim. These appointments with doctors, or ‘examinations’, are commonly referred to as “medico-legal examinations”.
Each time a claimant sees a doctor for an independent medico-legal examination, the doctor produces a written report which is likely to be used as evidence in the claim. If you are seeing your treating doctor they will not normally produce a report, unless they are asked to by your lawyer, or by the other side.
Different medical reports have different uses. Consider the examples of reports in motor vehicle accident and workers compensation matters below.
Motor Vehicle Accident Claim
For injuries sustained in a motor vehicle accident occurring on or after 1 July 2013, the most important attendance at a doctor is for an Injury Scale Value assessment.
The Injury Scale Value report is important in determining the injured claimant’s entitlement to compensation, as the Injury Scale Value (“ISV”) score provided by the doctor will be considered by the Court to determine whether certain compensation thresholds are met, and whether the injured person is allowed to claim particular types of compensation.
In workers compensation matters there is a “once and for all” assessment, in relation to injuries arising from a workplace accident or trauma.
This assessment is called a Whole Person Impairment assessment or permanent impairment assessment.
Similarly to the motor vehicle accident scheme, a Whole Person Impairment assessment provides a percentage rating score, which sounds in different entitlements to compensation.
As these examinations are significant for a claim, the way they are arranged and the information given to the doctor can be extremely important.
If you are about to accept an appointment or arrange an appointment for an independent medical examination, you may want to obtain legal advice before the appointment takes place. DBH Personal Injury Solicitors can provide you with advice about any issue regarding the arrangement of, or an arranged, independent medical examination. You can contact DBH Lawyers on 1800 324 324 or send us a message, to arrange an obligation‑free appointment with one of our Personal Injury Solicitors.