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.

You may also be interested in this news
L’Actu By NMCG – January 2024
News By NMCG
L'Actu By NMCG - January 2024
Lawyer profile: Vaea Pery
Inside NMCG
Lawyer profile: Vaea Pery
Finance Act for 2024
Article
Finance Act for 2024
Compensation for bodily injury and moral prejudice in constant evolution
Article
Compensation for bodily injury and moral prejudice in constant evolution
As part of the sale of a business, the seller is obliged to deliver the clientele previously agreed upon.
Article
As part of the sale of a business, the seller is obliged to deliver the clientele previously agreed upon.
Chairman’s fraud: liability of a victim company’s bank for breach of its duty of care
Article
Chairman's fraud: liability of a victim company's bank for breach of its duty of care
Optimize your assets: Discover the potential of contribution-cession!
Article
Optimize your assets: Discover the potential of contribution-cession!
The main social measures introduced by the Finance Act for 2024 […]
Article
The main social measures introduced by the Finance Act for 2024 [...]
Following a transfer, the new employer cannot be held responsible […].
Article
Following a transfer, the new employer cannot be held responsible [...].
Alcohol consumption and drug testing: jurisprudence applies a common sense approach to facts
Article
Alcohol consumption and drug testing: jurisprudence applies a common sense approach to facts
One everywhere, proof in the middle
Article
One everywhere, proof in the middle
Appeared in Le Figaro Partner: Paid leave and sickness, reversals and questions!
Article
Appeared in Le Figaro Partner: Paid leave and sickness, reversals and questions!
The employer’s failure to organize paid leave […].
Article
The employer's failure to organize paid leave [...].
Creation of a Tax Law Department
Press release
Creation of a Tax Law Department
Judicial statistics NMCG – 2023
Inside NMCG
Judicial statistics NMCG - 2023
The town doctor, collaborating with the occupational health and prevention service
Article
The town doctor, collaborating with the occupational health and prevention service
The Distinctions