ARE MEDICO LEGAL EXAMINATION AND WHICH TYPE PROCESS ARE USING IN IT?
article belongs with medico legal examinations in which we are discussing about
what are medico legal examination and what processes required for it. For more
details, please read this article at the end of topic.
A medico legal examination in a medical malpractice claim is
simply a report submitted as a required part of a legal claim to a third party,
so a party to such a claim can gain expert evidence in regard to the nature,
extent, and type of a damaged person s actual personal injury. Such reports are
often requested by medical personnel who are investigating a diagnosis of a
particular injury. This evidence can be useful for deciding on a settlement or
whether a suit will continue.
The process of obtaining medico-legal reports is often frustrating and difficult. The person being examined must first be informed of his rights under medical law. After this, the individual can request medico-legal evaluations. If he refuses this right, his request may be referred to a mediator. Mediators cannot make legal assessments, but they can provide additional information and assistance when the individual decides to pursue legal proceedings.
IT USUAL FOR WORKER'S?
In the United Kingdom, it is usual for the worker's compensation
program to request the medical reports of the injured person from a third-party
organization such as a doctor or hospital. These organizations have their own
processes for requesting medico-legal assessments. The doctor or hospital will
then provide the report, which should contain enough information for the
organization to perform its own investigation. If the organization determines
that there is reason to suspect that the report is faulty, or that vital
information is missing, it can also refer the worker to the provincial workers'
In this situation, the worker can also choose to have a review done by an independent medical expert, which is usually recommended by the company handling the workers' compensation claim. The expert witness will then opine on whether the medico-legal reports contain sufficient evidence to support the workers' compensation claim. However, suppose the expert witness does opine in favor of the injured person or has no strong opinion either way. In that case, the court will accept his/her opinion and proceed with the legal proceedings.
In cases where the doctor does not provide a medical certificate
after reviewing the medico-legal report, then the court may request a second
opinion from another doctor. Once again, the injured person can choose to have
another medical expert testify in his/her favor, either separately or through a
special committee. The special committee is appointed by the court and consists
of three members. They are required to verify all aspects of the personal
injury claim, including the doctor's report.
In some cases, where it is impossible to find a suitable medico-legal service, and where a timely and reliable assessment cannot be made, the court may appoint a "special master." The term special master refers to one whose specialty is in medico-legal services. For instance, in a wrongful death claim, one such master would be responsible for performing the various tasks required; he would have access to all the relevant material, review all information provided, determine if a case can be made on the basis of the personal injury claim and offer legal advice if necessary.
Such persons are usually referred to as Medico-Legal Assistants or Specialists. These professionals play an important role in the process of interpreting medico-legal reports and in preparing briefs and other documents that are required to support personal injury claims.