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PI Brief Update

Why Medical Evidence Lets Us Down - Giles Eyre, 9 Gough Square

02/10/12. Medical evidence is of course crucial in every personal injury claim.  Not only is it the basis upon which damages for pain and suffering and loss of amenity are assessed but it is also the framework within which claims for financial losses both past and future can be made.  Medical reports have a status all of their own within a personal injury claim, the maker of the report being regarded almost without fail, and whether justifiably or not, as an expert complying with his or her duty under part 35 of the Civil Procedure Rules, and so giving objective unbiased opinion in which all material facts have been taken into account.  

Nearly all claims settle on the basis of the untested written word of one or more medical experts.  This may be in the context of there being...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.