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17.7 Overall as to content Cornes et al. found that the nature of the injury and the persisting symptoms were well covered but the patients' functional disabilities and their handicap on the labour market were not as well covered. This finding is well supported by general experience in the legal field. Medico-legal experts should be aware that far higher sums are awarded for loss of earnings, past and in future, than for pain, suffering and loss of amenity.

18 Instructing medical experts

18.1 The Law Society and the British Medical Association have issued joint guidance on how to instruct medical experts. "Medical Evidence: Guidance for Doctors and Lawyers"⁶ advises:

"It is essential that doctors and solicitors understand each others intentions. Subsequent difficulties can usually be avoided if clear instructions and information can be exchanged at the outset."

18.2 The letter of instruction The Code of Practice for Medico-legal Reports in Personal Injury Cases⁷ and more recently the Code of Guidance on Expert Evidence set out in the CPR part 35 [the Codes] both advise on the contents of the Instructions which the solicitor should send to the expert.

The process is normally initiated by a letter from the solicitor requesting the provision of a report. The instruction letter should state:

(a) The name, address, date of birth and. where possible, the telephone number of the person on whom the report is requested;

(b) A brief description of how it is alleged that the injury was caused and what the main injury was;

(d) i Where the medical records are situated (including, where possible, the hospital record number);

ii whether or not the consent of the client/patient to the examination and