|
CHAPTER 3
MEDICAL EXPERTS A Ritchie
INDEX 12. The need for an expert 13. Categories of expert 14. Finding an expert 15. Choosing an expert: Treating doctor; time; locality; speciality; severity of injury; medico-legal experience; age and retirement; pressure of work; costs and funding. 16. Medical experts' duties and responsibilities: CPR 35, Independence; lack of bias; foundation; documents referred to or relied on; provisional views; scope; truth.
12 The need for an expert
12.1 It is common sense for a Claimant to have a doctor present at trial to explain to the judge and indeed to the Defendants the nature and extent of the injuries. Claimants cannot give accurate diagnoses or prognoses.
12.2 The Civil Procedure Rules require the Claimant to serve a medical report with the claim.1 "Medical report" means:
"a report substantiating all the personal injuries alleged in the particulars of claim which the Claimant proposes to adduce in evidence as part of his case at trial."2
12.3 In order to explain the nature and the cost of the treatment which the Claimant is likely to require in future, the evidence of a medical expert is essential. |
|
76 |