Medical Expert: When is it needed and how it works
A medical expert is a specialist in bodily harm that, by training, has knowledge that can be used in both medicine and law. It is the figure in charge of evaluating and giving a verdict on the state of health of people who may have suffered physical or psychological damage , being essential to give rise to compensation, reparation situations or disability or dependency concessions.
Medical orthopedic expert witness the Work Incapacity If you have suffered an accident that prevents you from carrying out your work normally, you may be able to receive a total or partial incapacity for work.
What is a bodily injury assessment visit like?
A visit to assess bodily damage consists of an interview between the specialist doctor and the patient, putting on the table what is to be assessed.
It will be the medical expert who will advise the affected person and / or his lawyer on the possibilities that the lawsuits prosper, although no report is issued.
What is an expert medical report like?
The expert medical report is one that, as its name indicates, is issued by a medical expert reflecting the assessment of the damage suffered by the affected person. It is intended to be evidence before the judge to help reach a sentence.
The sections of this assessment of bodily harm are:
• Introduction: The medical expert, the person who requested the report and the injured person are presented.
• Methodology used: These are the dates of the visits and the documentation that has been used to prepare the report.
• Traumatic and care history: The accident is described, as well as the victim's history and post-traumatic effects.
• Medical-legal assessment: It is the main part of the report. The degree of impact on the capabilities of the injured is determined.
• Conclusions: In a summarized and clear way, the squeal, the days of hospitalization, the disability days (in which the individual has not been able to carry out their usual activity) and a possible permanent disability are reflected.
Expert medical report: Price
The initial visit fee is € 59. In this first visit by Period Medico it is essential that you provide all the documentation and reports you have.
The Medical Expert will review the documentation in the same visit and to determine if the case is viable or not.
If your case is viable, the next step is to pay the € 295 for the cost of the Medical Legal Report. This rate is valid for claims of up to 40 thousand euros in cases of incapacity for work, traffic accidents or physical consequences.
Finally, if the Medical Expert is required to present himself to ratify his report at your next trial, this service would cost an additional € 249 (allowances and mileage apart).
When is a medical expert needed?
There are several situations in which a medical expert is needed to assess bodily harm:
• Criminal, civil or social judicial processes.
• Administrative situations in which the degree of disability must be assessed, such as Social Security or military service.
• Victims of accidents for example traffic or work.
• Patients subscribed to an insurance policy that guarantees compensation for injury or illness.
THE MEDICAL EXPERT
The objective of the Medical Expert is to serve as an analysis of the current situation, to provide information about the diagnosis, treatment, monitoring or applied care. It will be possible to detect if there has been any type of medical negligence in the process (malpractice), and the damages suffered in the subject will be delimited.
The Procedure followed by a Medical Expert depends very importantly on the case and its characteristics. It will vary greatly from having one circumstance to another. A Medical Expert is developed through 8 phases:
1. Request for review of the case.
2. Study of the claim, background and possible circumstances (temporary or permanent work disability, disability, etc.)
3. Review of possible previous medical reports
4. Review of previous Medical Expertise
5. Carrying out new tests (if necessary)
6. Preparation of the Expert opinion
7. Arbitration or Medication by the Medical Expert (if appropriate)
8. Defense in court of the Medical Expertise
The PJG Medical Experts use the appropriate tools and methodologies for each case to carry out the Medical Expert. Among which we can highlight:
• Personal interview. Know from the patient (or family) the history of the case.
• Objective techniques. Medical history, tests performed such as mammograms, x-rays, rays, biopsies, etc.
• Subjective techniques. As a result of personal interviews and the recognition of the Medical Expert himself
The principles under which the Medical Expert is carried out are the following:
1. Impartiality. The Medical Expert analyzes the facts regardless of who hires him, without affective or economic implications.
2. Veracity. The objective truth is sought, based on conclusive medical studies and methodologies. There must therefore be a bibliographic support that supports the conclusions reached by the medical expert.
3. Honesty. The Medical Expert remains oblivious to any illegitimate interest in the evaluations entrusted to him. In addition, there must be honesty in terms of the Expert's own knowledge and experience, rejecting Portages that go outside of this area.
4. Confidentiality. The results of the evaluations and studies must be private, and there must be confidentiality except when they are presented in court.
SPECIALTIES WITHIN A MEDICAL EXPERT