Medico Legal Report?: It's nearly three years since... - Headway

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Medico Legal Report?

halinbath profile image
16 Replies

It's nearly three years since I had my accident and I am still suffering with post concussion syndrome, the never ending exhaustion being the worst of it. I have been told by my solicitor that an appointment has been made for me to see a consultant neurologist so that he can compile a medico legal report, does anyone have any experience of what that involves? The people qualified to make these reports are very few and far between so it means travelling a distance to see him which worries me as I will probably be exhausted by the time I get to the appointment. I have no idea how long these appointments last, but have been told by my solicitor not to miss the appointment as it will be six months before another appointment is available.

Anyone been through this process and can tell me what to expect?

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halinbath profile image
halinbath
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16 Replies

Hi are you seeing a medco neurologist on your behalf or is it for the courts. It makes a big difference.

I've been going through this for 2 years and only just starting to understand the process.

Let me know I have loads of info.

halinbath profile image
halinbath in reply to

Hi Pinkvision, thanks for your message. The solicitor says as it it coming up to three years since my accident they need to begin proceedings, so it is a medico legal report to, I guess value the claim and start to issue legal proceedings. Do you know what they will ask at the assessment as I am starting to worry that I will be so exhausted, it's a long drive, that I won't make much sense. The solicitor has said don not miss this appointment as this will cause a massive delay to my case. Just worried I'm going to somehow mess things up as PCS causes me so many problems.

in reply tohalinbath

Ok, sounds like it's for the courts, I've had 2 of these so far and they are horrible. First have they got your medical records? And if they have do your records show all your symptoms and diagnosis.

This is important because they are basically making the report from your medical records and not diagnosing you.

The first neurologist I saw was a stroke specialist who did not work in the medical system. His main job was for the insurance industry, I did a search to find out who he was. His report was a total fabrication, he just made it up, I proved it and the report was thrown out.

The second one basically did the same thing but gave no definitive opinion.

The problem I had was I had not been seen by the NHS for my assessments, so the diagnoses was not in the medical records.

It's best to take someone with you to the assessment. It is not to your advantage to be at your best, better to be as bad as you can so they can see it, otherwise they may think there is nothing wrong with you. These people are really horrible and may start shouting at you, ridiculing you and generally try to dominate you.

I had a huge argument with the second neurologist after he said 'I don't like the way you talk' and started shouting 'there's nothing wrong with you man. Just pull yourself together.'

I had problems with slurring at the time.

I think they deliberately do this to intimidate you and see how you react. If I wasnt so bad at the time I would have nutted him and kicked the shit out of him, he was a real nasty piece of work.

I search him out on the web and he has no presence, I asked for his details via my solicitor and he refused to give them.

Another thing to remember here is that if you are going for a neurologist report then only the neurology aspect can be taken by the court and if he gives any opinion on other things he has to clearly mark it.

Another thing is that my legal team are not the best and I have made loads of complaints to the ombudsman.

It all sounds a bit bad from what I have written and you may have a different experience especially if all your PCS info is in your medical records and you have a good solicitor that understands the process and clearly advises you.

halinbath profile image
halinbath in reply to

Sounds like you have had a really tough time. It must be a nightmare if you are having to take on your own legal team, who should be there to help you. I took advice from here and got a Headway approved solicitor and the medico legal assessment and report is being done by someone they know well and have worked with before so hopefully it won't be too awful, although with my exhaustion and sudden mood swings it could easily end up in a slanging match if he says the wrong thing!!

Thanks for your advice, I will take all the medical records I have with me in case he has not researched them properly. I have been given a diagnosos of PCS and now PPCS by a NHS neuro psychologist so hopefully that can be used as a starting point.

in reply tohalinbath

Sounds like you will be ok, wish you well.

As for me the fight goes on.

cat3 profile image
cat3

Hi Hal. The following link gives comprehensive and clear advice on what to expect at an assessment ; hope it helps :-

google.com/url?sa=t&rct=j&q...

Cat x

halinbath profile image
halinbath in reply tocat3

Thanks Cat that is a great help.

Marnie22 profile image
Marnie22

Hi there! I am two years into a medical negligence claim. I had to travel to London to see a top neurologist in Harley Street as part of my case. I was very nervous but actually it was fine. Make it clear to whoever is arranging your appointment that you need extra travelling time because of tiredness ( I had to do this as I have severe fatigue.) Make a note of any things you want to ask or say to the medical expert. Other than that, just try to not freak out too much.! My appointment was just like a normal consultation with a doctor, except it was about an hour long and it focused on the effects of my brain injury. I have problems with processing information so my worry was that I wouldn't be able to think through what was asked of me, but it was all quite simple. The experts you see at this level are very experienced and understand you might be nervous etc. Good luck, I hope it goes well. Please contact me if I can help any more.

halinbath profile image
halinbath

Thanks Marnie, it's great to hear from othe people who have gone through a similar experience.

Mufc profile image
Mufc

I see a neuroscientist, best thing I have ever done. I travel a very long way to see mine.She makes me see the positive aspects of my injury. As I found it very hard work travelling so far to see her. We now do face time on our phones. Cost a lot of money but it is one thing I will keep up , like my physiotherapist after the claim is done.

Dianna

FridayS profile image
FridayS

Hi halinbath. I have seen experts from both sides ie ones appointed by my team as claimant and those for the defence. In uk law there is no independent expert appointed by the court which is a shame as some ‘experts’ are just guns for hire as pinkvision found. They are supposed to be independent and impartial, and their duty is to the court to provide their honest medical opinion.

your appointment is with a neurologist instructed by your solicitor to support your claim and so the purpose is to provide evidence in support of your symptoms and that those symptoms are caused by the head injury.

You are entitled to have somebody with you at the appointment and it is especially helpful if that person is someone (eg a family member) who can also talk about the impact on you and those around you.

Your legal team will have obtained all of your medical records ie every single record on your gp file and the reports you mention.

You have nothing to fear from this appointment. Just tell the truth - he or she will do the basic Neuro tests (balance, fingers to nose etc), ask about your health before the injury and how you have been since.

It might help you, if you haven’t already, to keep notes of how your injury affects you as it’s often difficult to remember when somebody throws questions at you. Take some time to think about that and make notes for your appointment and then keep a diary of your current issues ( eg on your phone ) as and when you experience them.

I hope that this helps but, if you have any more questions about your particular consultant, ask your solicitor before you go and I’m sure that they will put your mind at rest.

Good luck!

F

halinbath profile image
halinbath in reply toFridayS

Thanks for your reply, it really helps having an insight into what will happen at such an assessment.

Sapper1965 profile image
Sapper1965

Hi Halinbath.

Currently going through the same process as you , I had two medico court reports from a neurosurgeon and a clinical psychologist in September and October 2018, both went well ,with the various clinicians I meet with being professional and helpful through the process. This is the start of you route towards compensation for your ongoing pain and suffering ,and I would wish you all he best in your recovery and future legal case.

Mick.

halinbath profile image
halinbath

Thanks Mick, this forum is a great place for exchanging ideas, seems like we are all going through similar experiences. Good luck with your recovery and legal case too.

Avro profile image
Avro

I'm not happy with my legal team or the two NS I have seen to prepare a medico legal report. I have a brain injury the size of an orange due to hydrocephalus which would have been picked up four years earlier if my GP had not miss read my records and told me a referral had come to an end, when it hadn't. Next step would have been an MRI at the time. I made the mistake of engaging a local solicitor who didn't tell me about the 10k court issue fee I would have to pay until 18 months down the line. You can't escape them for another legal firm without having to pay the off for the work they have already done. Then they said the nearest NS who could do the report was in Liverpool, I live near Bristol, even Harley street is a lot nearer! The first NS obsessed with my ears because I had tinnitus and thought that was the cause of my problems, even though I didn't develop it until the time I I had my ETV surgery. So we had to let that idiot go after paying him £1,000 for 25 minutes of his time. Then the second one told me that I was doomed to just get worse over time. Then wrote a report saying that my prognosis was 'Excellent'! It's like dealing with the cast of the Muppet Show. They make sweeping statements without justifying them. What I've learnt is that I should have got a Solicitor and NS recommended by Headway or the Hydro/Spina Bifida charity. Too late for me I fear, but hopefully my experiences might benefit someone else.

halinbath profile image
halinbath

So sorry to hear that Avro,sounds like you really have been through it. I was very lucky as Headway in Bath were so great and I followed their advice.

Good luck with your case.

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