Exercise diligence with medical reports
25/07/08 GP Magazine - click to enlarge
Exercise diligence with medico-legal reports
I read with interest the article ’Take on medico-legal reports work’ (GP, 27 June).
Having been a BMA member for over 25 years I would like to comment on the various opinions provided by Dr Peter Holden. Approximately 75 per cent of medico-legal re-ports are now undertaken by GPs. This is consistent with guidance provided by the Civil Justice Council in November 2004 which stated that `There should be a rebuttable presumption that in non-litigated road traffic claims under £10,000 medical evidence should be obtained from a GP.’
There was further input from the DoH in June 2006 which stated `There is a rebuttable presumption, agreed by the Law Society, Association of British Insurers and the Association of Personal Injury Lawyers that subject to the expert witnesses’ view, no patient records will be requested for claims below £10,000′.
Dr Holden is correct that GPs should be careful when selecting which medical intermediaries they accept instructions from. It would be wise to undergo due diligence such as looking at published accounts with Companies House, the age of the company and, indeed, their general reputation.
Finally, an important point is that a GP will never be asked either directly by a lawyer or through a medical intermediary to provide an opinion on a case that would not be part of his or her normal, day-to-day treating practice, i.e. within their clinical expertise.
Dr Harry Briinjes, chairman, Premier Medical Group, Ludlow, Shropshire
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