Medico-legal experts must sharpen up their acts, as Giles Eyre reports
The Jackson and associated reforms in civil court procedure are largely now in place. Extended “tracks” and “portals”, reduced fixed fees, costs budgeting and non-recoverability of success fees will force lawyers to take a close look at the costs incurred in presenting an injury claim and how most efficiently to put the claim together. The medical report is essential, providing the foundations of much of the claim.
A sub-standard medical report will result in damages being undervalued and in time, which will not be remunerated, being wasted by the legal team in interpreting the report and seeking clarification or amendments. Most claims never go to a disputed hearing, but the report, as interpreted or understood by the parties’ representatives, will be used to assess the strength and value of a claim, and to negotiate settlement.
The lawyer dissatisfied with the report is likely to be prevented by the court from obtaining another and will anyway not recover the cost of
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