Throughout your personal injury claim you will be asked to attend medical assessments. These assessments may be undertaken by your existing specialist or general practitioner or an independent specialist, who has not previously treated you. These assessments are important to progress your claim and will assist in establishing causation (were your injuries caused as a result of the accident/incident) and provide evidence to your solicitor and the Court to assist in determining the level of compensation that you may be entitled to receive upon finalisation of your claim.
The medico legal reports prepared following the assessment, by either your treating specialist or an independent specialist, will typically contain the same information. The type of independent specialist that you may be asked to attend, will depend on the nature of your injuries and the medical issues to be determined. Assessments may relate to physical or psychological injuries, impairment, functional limitations, disability or the impact that your injuries may have on your ability to undertake daily or occupational activities.
Your treating specialist or independent specialist will prepare a medico-legal report for your solicitor or the insurer, for the intended purpose of being relied upon in support of your claim. The report will address the injuries that you have sustained, detail the impact that these injuries have had on various aspects of your personal life and employment and provide details of treatment received and/or provide recommendations for future treatment. The specialist will also provide their opinion regarding your long-term prognosis.
The core difference between a treating specialist and an independent specialist, is that an independent specialist may make recommendations for future treatment, but they will not provide this treatment. The onus will remain on you to pursue the relevant referrals and obtain the recommended treatment.
Do I have to attend a medico-legal assessment?
You should seek legal advice to discuss the specific circumstances of your claim to understand your obligations and options.
In the event you have been asked to attend a medico-legal assessment and fail/refuse to do so, there can be consequences for the future of your claim. For example:
If you have a motor vehicle accident claim and you do not have a reasonable excuse for refusing examination, or being consistently avoidant of attending an examination, your right to commence or continue legal proceedings can be temporarily revoked on application by the insurer, until such time as you attend the examination.
If you have a workers’ compensation claim, you are obliged to undergo any medicolegal examination/s arranged by the insurer. If you do not comply without a reasonable excuse for a period of 1 month or longer, then the insurer has the right to apply to suspend your income compensation payments, and/or your entitlement to take and prosecute proceedings.
If you are not able to attend a medico-legal assessment, it is important you speak with your legal team as soon as you are aware of any circumstances that might prevent you from attending the appointment, so we can assess how to best approach the situation.
You should seek legal advice to discuss the specific circumstances of your claim to understand your obligations and options.
Can’t my solicitor or the insurer just get a report from my existing specialist or general practitioner, instead of seeking a report from an independent specialist?
Your treating specialist or general practitioner can provide medico-legal reports in support of your claim. A treating specialist’s or practitioner’s report can be particularly helpful, as they have been consistently involved in the management and treatment of your injuries and have had the opportunity of monitoring your recovery and progress over time.
An independent specialist undertakes an assessment based on your presentation and symptoms on the day of assessment. The main reason that reliance is placed on these specialists is that they have greater familiarity with questions relevant to legal matters (such as issues like causation, capacity for work and the need for assistance around the home), often understand the relevant legal principles relevant to those issues and are trained to perform assessments such as ‘permanent impairment’ according to the relevant guidelines. This provides additional information to the parties to a legal action, as well as the Court, to enable a proper assessment of your claim.
