Focus on medical expertise – Part.2 (2/2)

During the appraisal, the doctor will work on the file entrusted to him by the victim or his counsel. First of all, he will ask the victim about his marital status, his lifestyle (is he a couple, with or without children?), where he lives (a house, an apartment, stairs?), what he does for a living and, more generally, what sports and leisure activities he does.

The circumstances of the accident and its aftermath will then be discussed: the course of the accident, medical follow-up, examinations and operations carried out, therapeutic follow-up. The expert will then ask the victim about his or her grievances, i.e. the pain, discomfort and difficulties retained as a result of the accident.

It’s vital that the victim leaves nothing out and mentions all the consequences of the accident on his or her life. Pain experienced at work or during certain daily tasks, impossibility or hindrance to practicing certain sports and leisure activities. Generally speaking, all the changes brought about by the accident in the victim’s daily life.

Very often, the victim, impressed by the expert opinion, will forget many of the grievances entrusted to the firm. This is why the presence of expert advisors is essential, especially in this respect.

Once the interview has been completed, the expert will carry out a physical clinical examination of the victim. Finally, the victim can leave the expert’s office and the expert doctor will draw his conclusions, possibly in the presence of the victim’s counsel. If she has decided to call on the services of a referral physician or a lawyer.

The expert’s report must first include: a presentation of the victim, a statement of the facts, a study of the documents in the file and a clinical medical examination of the victim, as discussed in the previous question on the conduct of the expert’s examination.

Next, the expert will deliver a medico-legal discussion, i.e. an answer to the questions posed at the end of the mission entrusted to the expert, which aims to settle questions relating to the imputability of the after-effects to the accident, the nature of the after-effects and the consequences of the bodily injury suffered by the victim.

The report then includes a medico-legal assessment, which sets out all the injury headings, including the rate of retained after-effects, the suffering endured, aesthetic injury, temporary inconvenience, occupational impact, loss of earnings and the need for third-party assistance. This list is not exhaustive. In other words, the full range of compensable losses.

Finally, the report includes the medico-legal conclusions, which represent a summary of the report, and aim to give conclusions on the sequellary state retained by the victim.