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My Solicitor Has Sent My Medical Report Without My Consent

Question:

 

I have Legal Expenses insurance on my claim.  My solicitors have obtained a medical report which is full of inaccuracies and unsupportive of the case.  My solicitor has sent the Report direct to the insurance company without seeking my comments or permission.  Is that right?

Answer:

 

Unfortunately, it is very poor practise.  Solicitors tend to forget that this is your case and they should seek your comments on any document or development before they pass it on to your barrister, doctor or anyone else involved in the case.  Obviously the solicitor has duties to the insurer to advise him of material developments because the insurer is responsible for the costs, nevertheless you should have had your input first.

You should also ask yourself why is it a poor Report?  Has the medical expert not been properly instructed?  Was there a good Witness Statement from you as to how you were before the accident and how matters have developed since?  Has the wrong type of expert been instructed?  Was the expert given all the medical records?  Were there Witness Statements from family, friends and work colleagues?  This type of questioning should show you whether your solicitor is up to the required standard or not.

There is a further issue.  If the solicitors have disclosed this negative Report to insurers, have they also disclosed it to the other side?  That too should not be done without your instructions, but it does happen.  If it has been disclosed, then of course it is much more difficult to repair any damage done.  If it has not been disclosed then depending on the stage that the case is up to it might be possible to rectify the Report or consign it to the bottom of the solicitor’s file and instruct someone else.

Two final questions arise.  Does the solicitor have confidence in your case and do you have confidence in the solicitor?  If the answer to either of those questions is “NO” it may be time for you to be changing solicitor.

The above question originally appeared in Fibromyalgia Family Magazine

We do not endorse any research, studies or sources mentioned within our blogs and comments. Furthermore, we do not endorse any medical advice provided, and would strongly recommend anyone seeking medical advice to contact their local healthcare provider.

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