Do I need a medical report to make an injury claim?
It is necessary to have a medical examination the great majority of personal injury claims, in order to get a clear understanding of the extent of your injuries, and to determine the potential long-term effects of the injury.
How soon will I have to have a medical examination?
A medical examination is generally a necessary part of a personal injury claim, even if you are already receiving medical treatment.
Your solicitor will usually arrange for you to visit a medical expert early in your claim. The medical professional will assess your injuries and any ongoing symptoms you may have as a result of the cycling accident.
Will a private medical report be expensive?
A private medical report can cost several hundred pounds or more, depending on the extent of the examination. But you won't have to worry about the costs, as your solicitor will arrange your medical report so you won't be liable to pay.
What happens during a medical exam?
During your medical exam, the doctor will first discuss the accident and the injuries you suffered with you. They will ask how your injuries have affected your lifestyle, including work, family and social life.
The doctor will perform a physical examination. This will vary depending on the nature of the injuries you have sustained. Most medical exam appointments take no more than half an hour, although it may take longer if your injuries are extensive or particularly severe.
Can I see any doctor for a medical examination?
In order to have a full and accurate medical examination, you must visit a qualified medical expert who specialises in the kinds of injuries you have sustained. They must also understand the legal aspects of a personal injury claim. Your solicitor will be able to arrange an exam with the right doctor.
The doctor who conducts your medical examination cannot be a doctor you have visited previously or who has given you any medical care following the injuries sustained in the cycling accident. They must be independent from any previous medical care you have received. This will avoid any bias based on past injuries or illnesses that are unrelated to the specific injuries sustained.
Your solicitor's recommended medical experts have extensive experience in writing medical legal reports, and have written reports for many injured cyclists.
Do I need to prepare anything for my medical examination?
There is no need to feel pressured to prepare in any way for the medical exam. The doctor is there to assess the extent of your injuries, so be as open and honest as you can, and give as much detail about the accident and your injuries as possible. It is important to remember that the doctor is impartial and independent - they are not trying to reduce the value of your claim in any way.
You may want to make some notes beforehand to ensure that you remember to tell the doctor everything you feel is important. It may be helpful to write down how the injuries have affected your day to day life, where on your body you feel pain or discomfort, and if the injury has had any impact on your mental health. You can take a partner, a friend or a family member with you to the exam if you wish.
What happens after the examination?
The expert who conducted the medical exam will issue a report within a few weeks. This will state the injuries you have suffered as a result of the cycling accident, and how they have affected your life.
Medical reports typically include a prognosis, which states the expert's opinion of how long it will take to recover from any remaining injuries, and will lay out recommendation for further investigation which may include X-rays or scans.
If you are happy with the result of the medical exam, your solicitor will enter it in evidence of your claim. However, if you disagree with the report, you can discuss obtaining a second medical opinion with your solicitor, who will advise you on how best to proceed.
Do I have to disclose my medical records?
You will have to disclose your medical records during a medical exam. The medical expert will need to see your records to figure out whether any past or existing medical conditions could affect the injuries from your cycling accident, or prevent you from recovering for any reason.
You will be asked to sign a release at the beginning of your claim, which allows your legal team access to your medical notes from any medical experts you have seen. While you do not have to sign the release form, if you refuse to do so it could harm your claim later on. The Defendant's team may argue that you are trying to conceal something that could be relevant to your claim.
If you have suffered an injury as a result of a cycling accident and think someone else is to blame, Cycling Injury Legal can help. Get in touch today for a free, no obligation consultation to discuss your options.