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Medico Legal Assessments – How to Best Work with Medico-Legal Doctors for Medical Evidence

What is Medico Legal Assessment?

Medico-legal Assessments are often referred to as Medical legal assessments or personal injury medical examinations. Medico-legal examinations are often requested by your lawyer, the insurer, or the insurer’s lawyers for the purpose of your ongoing injury compensation claim. This assessment is often conducted by a medical legal doctor (i.e, medico legal doctor), or other medico legal experts. These doctors are often known as workers’ compensation doctors, AMS doctors, or accident injury doctors. Unlike your GP or your treating doctor, medical legal doctors are often not of your choice. They are chosen by the lawyers or the insurance company to assess your level of disability or impairment ratings.

Medical Legal Report Vs. GP Reports

Medical legal reports and GP reports can both be used as medical evidence in personal injury claims. The purpose of medical legal assessment is to gather medical evidence, which can be used to establish base lines, such as:

  • What benefits apply?
  • How much you claim is worth?
  • Is there any further treatment required?
  • Is it the right time to consider overall settlement of your claim?

Medical legal reports contain information which impacts your injury compensation payout amount. This is why it is no surprise that the medical legal doctors who are chosen by the insurance company and their lawyers may not agree with your chosen doctor.

A judge will consider both your doctor’s medical report and the report from a medico legal doctor. Then use both to form a decision about your claim. Therefore, it is important to make sure you do the right things at all medico-legal exams. Mistakes can get your compensation payout amount reduced.

Foyle Legal works with injured people on accident injury claims. In this work, they have witnessed lots of mistakes that injured people make with medico-legal exams. Here is a list of common mistakes to avoid when dealing with medical evidence in a personal injury claim:

  • Fail to report to a doctor soon enough
  • Fail to report all your injuries
  • Fail to attend medical appointments on regular basis
  • Fail to truthfully report the severity of the injuries suffered
  • Fail to cooperate with medical doctor
  • Fail to follow doctor’s advice

Don’t be THE TOUGH GUY

No one wants to seem weak and be seen as a complainer, a whiner, a weep.  However, medico legal assessments are not the time to play tough guy. If you are attending a medical legal doctor, it is important to speak up!

We have seen some clients, who stay quiet about their pain and suffering. They fail to report their pain accurately and swiftly which results in getting their compensation cut or reduced.  If you are working with a personal injury lawyer, please be sure to seek advice before completing medical legal assessments.

Not Seeing a Doctor Soon Enough

After your injury if you are in any pain go directly to the doctor. Trying to tough it out can reflect badly on you in court. The inference can be made that you did not have an injury. The dates of both your accident and the first doctor’s visit will be on file. For example, if you suffered an injury from car accident, waiting too long will make it look like you were not in pain at the time. Or it can be alleged that your injury was not caused by the accident.

Stopping Seeing your Doctor Too Soon

It’s understandable that you want to get back to your life. But any breaks in your treatment will be factored into your compensation payout. The insurer is likely to argue that the fact you did not continue to seek medical assistance is evidence that you do not need medical assistance. They may make the claim that the injury had little impact in your future earning capacity. The loss of your current and future income is linked to the amount of your compensation payout. So the allegation that your future income loss is minimum will have a negative impact on your compensation payouts.

Not Bringing Up All of Your Medical Issues

It can be tempting to want to only bring up the biggest problems. However, everything you say to your accident injury doctor goes on the record. If you don’t mention a pain you are having, then as far as your claim goes that pain will not exist or is less likely to exist. This includes mentioning if your pain or injuries make work impossible. You want that fact in your medical notes or in your medico-legal exam.

Stick to THE FACTS

Honesty is the best policy when it comes to medical legal examinations. Everything you say can go into the doctor’s report and come up in litigation. So stick to the facts. There are two key common mistakes about the stating the facts.

Making Overblown Statements – Don’t Exaggerate

On the opposite side of trying to tough things out, don’t exaggerate. Doctors have a lot of medical evidence to evaluate. They can typically tell if you are exaggerating and it will show up in their reports.

Speculating on the Facts — Don’t Guess

You will be asked about your accident during a medical legal exam. Be factual. If you don’t know a detail, don’t embellish. Guessing can be used to discredit you as a witness later. Don’t speculate on things like the amount of damage done, speeds, or weights. Only speak to the facts that you know. Your medical records will do the rest.

Take it SERIOUSLY

No one is going to take your personal injury claim seriously if you don’t. Together with your personal injury lawyer, your job is to prove the severity of your injuries. And there are some ways to undo your efforts in this direction.

Missing Doctor’s Appointments

Nothing says you aren’t really concerned about your recovery like missed doctor’s appointments. Just don’t do it. Show up to every appointment and don’t try to put appointments off. This history is something that can be seen when judging your claim.

Dwelling on Legal Over Medical

Your car accident doctor, AMS doctor, or workers’ compensation doctor, doesn’t want to hear about your personal injury claim. This is partially because their focus is your health, and they think yours should be too. It is also partially because many doctors don’t like dealing with the courts. Either way, you should focus on their medical advice. If they think you are trying to milk the system that will show up in medico-legal exam report. Your compensation lawyer and your medical legal doctor don’t need to interact at this stage.

Be COOPERATIVE

If you have a reason to doubt doctor, or medical legal doctor, do speak up calmly with explanation of the reason why you disagree. It can be difficult to disagree and be cooperative at the same time. The best way to deal with it is to seek advice from your lawyer on how to handle situations like this. If you found yourself facing a tricky situation like this, please be sure not do:

Don’t Argue with Your Doctors

Arguing with the doctor can reflect badly on your claim. You may not agree, but always remain respectful. Remember, doctors respond much better to reasons than emotions.

Don’t Ignore Medical Advice

Nothing kills a claim faster than if it’s discovered you are not following your doctor’s orders. It makes a statement that you don’t care about your recovery. Or worse, you may be regarded as fully recovered and needing no further compensation. Don’t give the opposing side this kind of ammunition. If you disagree with your doctor, you should voice it to your lawyer and follow their advice promptly.

Beyond these common mistakes, there is one prime thing you can do to help your personal injury claim. Work with your personal injury lawyer to avoid mistakes in your medical legal reports. They know the process. Finding the best personal injury lawyer in the Perth area can be the best thing you do for your personal injury claim. At Foyle Legal, we deal with injury claims just like yours every day.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

I came to see Foyle Legal because I was not sure how much my workers compensation claim was worth. They helped me to negotiate a settlement of my claim and I think I am sure the best possible outcome. These guys are worth contacting if you have any queries. Iread more
Brian Heberley
Brian Heberley
2019-01-14T03:32:30+0000
My injury has been going on for 2 years and I didn’t know what to do. When I first went there, they spent the time to help me, instantly I was clear about what to do next. I have now received my compensation payout and I am happy with the outcome. I have referred them to my friends who have personal injury claims.read more
Jim Keo
Jim Keo
2018-10-31T15:35:41+0000
I was very happy as Foyle Legal got me almost double the amount I was expected for my foot amputation work injury.read more
Tim Martin
Tim Martin
2018-10-31T08:11:34+0000
Explained my workers compensation very well. Very experienced and knows what to do. I am happy with the good time frame. I appreciate your good job with your team thank you.read more
Deklinsman Nkemjika
Deklinsman Nkemjika
2018-10-10T09:16:57+0000
I did not know what to do with my stress related Workers compensation claim. Foyle Legal helped me to get reports from my GP and a psychiatrist. They provided me with as lot of help preparing statements. I am happy I had their representation as i was very stressed and i am happy with the way things turned out.read more
Liliana Andri
Liliana Andri
2018-09-26T04:16:01+0000
I underwent several years of being abused by passengers as a bus driver. Foyle legal helped mw to get the medical reports i needed in circumstances where my gp was slow in providing a report.read more
Karen Nevard
Karen Nevard
2018-08-30T06:49:54+0000
Just received my settlement check in time for Christmas. I couldn't thank Christian enough for his assistance with my injury claim. There lots of factors made my claim difficult but Christian and Foyle Legal team dealt with professionalism and understanding. I am happy with my settlement outcome, and would definitely use them again for my future injury claims.read more
Anthony Daniels
Anthony Daniels
2017-12-21T08:56:31+0000
I was injured at work and had a workers Compensation claim. Foyle Legal Were very helpful and always got back to me about my queries in a relatively short period of time which I think you would not get in a larger firm. They advised me about the settlement of my case and help me to get the most out of itread more
Vijay Sourinathan
Vijay Sourinathan
2017-12-20T02:53:28+0000
I had a bad work injury to my knee and needed surgery. The insurer refuse to pay for the cost of my surgery and I had to go through WorkCover WA for an acceptance of liability to pay for the surgery. Foyle legal helped me to get the medical evidence that I needed to take the matter towards a finalisation of my claim.read more
Roxann Campbell
Roxann Campbell
2017-11-14T08:27:49+0000
I went to another lawfirm before I went to Foyle legal. At the other lawfirm I was treated like a number, but it won't legal they help to pay for my medical expenses to get the most out of my work is compensation claim and I answered all of my questions.read more
Daniela Colantropo
Daniela Colantropo
2017-10-23T02:32:55+0000
Christian from Foyle Legal was very helpful given my lack of knowledge of the law in respect of workers compensation claims and I ended up with a better result than I ever expected.read more
Paul Beard
Paul Beard
2017-07-13T08:58:07+0000
Christian Foyle and Foyle Legal helped me a lot with my workers compensation claim and the doctors report they obtained was really helpful. If it was not for them i dont think I could have pushed my claim as hard.read more
Ajak Kuer Ajak
Ajak Kuer Ajak
2017-03-29T03:51:32+0000
I had a workers compensation claim which Foyle Legal helped me with. They helped me with the medical reports i needed and gave me emotional support and I am happy with the outcome.read more
Lucinda Hogan
Lucinda Hogan
2017-03-29T02:02:07+0000
Christian Foyle from Foyle Legal helped me out with my workers compensation claim a lot. He was very professional, polite and courteous and very approachable. I am happy with the way Foyle Legal handled my claim and I got a fair outcome. Christian is one of the nicest people in legal services I have ever met.read more
Theresa Southam
Theresa Southam
2017-02-23T03:03:41+0000
The service I received from Foyle Legal was second to none. Christian was well informed and quick to reply. Very happy how the case progressed and with the settlement I received. I would highly recommend Foyle Legal.read more
Brendan Arthur
Brendan Arthur
2016-12-20T00:56:43+0000
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