If you are pursuing a perineal tear claim, you will need to see an independent medical expert. In this article we explore why this is necessary and what to expect.
Medical expert reports
During the course of a medical negligence claim, the Claimant’s solicitor will ask an independent medical expert to write a report about the case.
Normally two different types of report are needed: one dealing with breach of duty and causation, and one dealing with condition and prognosis. More than one medical expert may be instructed to write a report.
The type of medical expert instructed will depend upon the nature of the case. For third and fourth degree tear claims, it may be necessary to instruct an obstetrics/gynaecology expert, a colo-rectal surgeon, and maybe even a psychiatric specialist.
Why is a medical expert report necessary?
Legally, a medical expert report is required to ensure that a claim is not fraudulent. However, there is much more to it than that.
Having a supportive medical expert report gives a significant amount of weight to your claim. It provides a professional medical opinion as to whether or not the standard of care fell to an unacceptable level, and whether this caused you to suffer complications. As experts in their area of medicine, it will be difficult for the Defendant (and the court) to refute the conclusions provided.
It also establishes the severity of your injuries, and suggests how these are likely to affect you in the future. This will give your solicitor an idea of the extent of pain and suffering you have endured, guiding their judgement when it comes to suggesting an appropriate sum of compensation.
What can you expect?
Before a medical expert writes their report, it is likely that he/she will want to examine you. The expert will also be sent your complete medical records. At Glynns, we have medical experts that we regularly instruct. They are leading professionals in their field and their opinion can be relied upon.
If you are unable to travel to see our preferred medical expert, it will be possible to find an expert closer to your home. Your solicitor will discuss this with you, taking you through the options available.
Can I talk to a solicitor today?
If you would like to know more about claiming compensation for a birth injury, please get in touch with us today.