FAQ’s2024-11-18T13:31:17+00:00

FAQs

General FAQs

Accreditation and CPD FAQs for Medical Experts

Guidance on the use of Administration Agencies

Closing and Reopening Cases – Medical Experts and MROs

General FAQs

What is Medco?2024-09-25T15:57:12+01:00

MedCo is the system used to facilitate the sourcing of medical report providers in claims brought under the Ministry of Justice RTA Small Claims Pre-Action Protocol or the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents..

How does MedCo work?2023-09-14T09:46:27+01:00

All those instructing medical reports, such as firms of solicitors, along with providers of medical reports must register with MedCo. Providers include medical experts and medical reporting organisations (MROs).

All parties that register must declare any direct financial links that meet the MoJ’s criteria.

When a firm of solicitors or other instructing party requires a medical report the MedCo system searches for either an accredited direct medical expert (DME) or an audited medical reporting organisation (MRO). From the search criteria entered the system returns an offer – a random but fair shortlist of medical experts and reporting organisations – from which the solicitor must make a selection. The offer is set by the MoJ and excludes any organisation or individual medical expert
that has declared a direct financial link to the instruction party.

Once a report has been produced the DME or MRO uploads anonymised case data to MedCo. The report itself is not loaded on the MedCo system. This data is then used by MedCo to monitor and ensure the quality of medical reporting.

What should I do if I am a Direct Medical Expert or an MRO and I have concerns about the terms and conditions and or payments of fees by an instructing Solicitor?2023-09-14T09:53:12+01:00

MedCo was established to facilitate the operational changes required under the MoJ’s Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents; namely, to enable the sourcing of medical reports in soft tissue injury claims. MedCo is designed to improve the quality and consistency of medical reports and to remove potential conflicts of interest by ensuring there are no financial links between law firms and the medical experts who provide advice. It is not MedCo’s function to interpret the Civil Procedure Rules [CPR], neither does MedCo have the power to intervene in breaches of the relevant rules, directions and guidance.

• Experts and those instructing them are governed by Part 35 of the Civil Procedure Rules and Practice Direction 35

• Guidance for the Instruction of experts in civil claims is also provided by the Civil Justice Council, who state at paragraph 88 that the “Payment of experts’ fees contingent upon the nature of the expert evidence or upon the outcome of the case is strongly discouraged. In ex parte Factortame (no8) [2003] QB 381 at [73], the court said ‘ we consider that it will be a rare case indeed that the court will be prepared to consent to an expert being instructed under a contingency fee agreement’.

• Guidance issued by the Academy of Experts Judicial Committee positions the instruction of experts on a contingency basis as ‘objectionable and does compromise the expert’s independence and impartiality.’

• Solicitors also must adhere to the Code of Conduct and the Principles of their regulatory body, Solicitors Regulation Authority.

It is the responsibility of the instructing Solicitor to engage ethically and ensure that the terms and conditions they apply are compliant with the relevant rules, directions and guidance.

Medical Experts and MROs who have concerns that an instructing solicitor’s terms and conditions may be in breach of the relevant rules, directions and guidance should contact the Solicitors Regulation Authority. More information on reporting to the Solicitors Regulation Authority can be found here.

Does MedCo apply for a claimant who was involved in an RTA in England/Wales but resides elsewhere (outside the jurisdiction) e.g. Scotland?2024-11-06T16:23:09+00:00

For accidents that happened on or after 31 May 2021, the RTA Small Claims Pre Action Protocol at Paragraph 7.5 says;

“Where the claimant lives outside England and Wales, there is no requirement to obtain a fixed cost medical report via MedCo and paragraph 7.4 does not apply. The claimant may either—

(a) obtain a first medical report in accordance with paragraph (2) or (3) below;

(b) obtain a fixed cost medical report via MedCo where they choose to search against an address in England and Wales from which they can attend the medical examination; or

(c) seek assistance in obtaining a first medical report from the compensator.

(2) In a claim which consists of or includes a whiplash injury, the first report must be from a person who is recognised by the country in which they practise as—

(a) being a medical expert; and

(b) having the required qualifications for the purposes of diagnosis and prognosis of a whiplash injury.

(3) In a claim which does not include a whiplash injury, any first report obtained must be from a person who is recognised by the country in which they practise as being a medical expert.”

 

For accidents before 31 May 2021, provisions dating from the original RTA Pre-Action Protocol already effectively limited the claimant to instructing a medical expert in the UK. Paragraph 1(12) of the protocol states:

“(12) ‘medical expert’ means a person who is—

(a) registered with the General Medical Council;

(b) registered with the General Dental Council; or

(c) a Psychologist or Physiotherapist registered with the Health Care Professions Council”

The only difference arising since the implementation of the MedCo reforms, is that, now, initial medical reports in soft tissue injury claims must be obtained from a medical expert, as defined above, who is also registered with MedCo.

Prior to the implementation of MedCo, a pragmatic system was in place where defendant insurers would accept reasonably sourced reports from non-registered experts in the small number of cases where the claimant, because they live outside the England and Wales jurisdiction had been unable to present a report from a GMC registered expert. Therefore following discussion of this issue between MoJ and members of the MedCo Board, the ABI, MASS and APIL have agreed to advise their membership that this pragmatic approach to agreeing the provision of a suitable medical report should continue to be taken.

When did MedCo go live?2024-02-28T13:12:12+00:00

MedCo was launched in April 2015.

Accreditation and CPD FAQs for Medical Experts

Do I have to register with MedCo before I take the initial accreditation training?2024-11-07T11:45:04+00:00

Yes. Both IMEs and DMEs must register with MedCo. You must have relevant qualifications, be a registered member of the GMC or HCPC and hold a valid and appropriate ICO registration.

Do I have to do the initial accreditation training?2024-11-07T11:18:10+00:00

Yes, you must complete the MedCo accreditation training if you want to provide the first fixed recoverable cost medical reports in RTA soft tissue injury claims.

What does the initial accreditation training involve?2024-11-07T11:15:14+00:00

The MedCo accredited training is made up of nine modules:

Module 1 – Introduction to Whiplash Associated Disorder
Module 2 – Occupant Kinematics
Module 3 – Assessment and Investigations
Module 4 – Symptoms of WAD/Effects on ADL
Module 5 – Treatment
Module 6 – WAD recovery and prognostic factors
Module 7 – Chronic Pain
Module 8 – Law and Procedure
Module 9 – Good Medical Practice and Medical Experts
Module 10 – Understanding MedCo
Module 11 – MoJ Whiplash Reforms

How long will it take to complete the accreditation training?2024-11-07T11:07:24+00:00

The training is estimated to take 30 to 40 hours to complete.

How often must I do this training?2024-11-07T11:16:35+00:00

First you must successfully complete the accreditation training to become approved on the MedCo system. Then, from 1 June 2019, you need to do further CPD training each year.

As long as you remain a medical expert accredited by MedCo, you do not need to repeat the initial accreditation training.

Do I have to do a whole module in one session?2024-11-07T11:19:03+00:00

No. You may study the content at your own pace. Once you have completed the self-study materials and abstracts, and watched the supporting webinars, you will be ready to do the assessment for the module.

How is the accreditation assessed?2024-11-07T11:06:51+00:00

There are ten assessments covering the content of Modules 1 to 8 and 10 to 11. Each assessment is a multiple-choice examination with 10 questions. The pass mark for each assessment is 80%.

What happens if I do not pass one of the accreditation assessments?2024-11-07T11:19:30+00:00

You can revisit the learning materials and retake the assessment as many times as you wish.

Do I have to take the accreditation modules in a particular order?2024-11-07T11:06:31+00:00

No. You can do the modules in any order.

What happens when I have completed all the accreditation training and passed the assessments?2024-11-07T11:04:41+00:00

MedCo will automatically be notified that you have successfully passed the accreditation training. Completing the training itself does not guarantee access to the MedCo service. Your application will be reviewed and, provided you meet all the due diligence requirements, you will receive a notification that you are approved as a MedCo-accredited medical expert.

On receipt of the notification of your approval you will have two months to complete the set-up of your MedCo account and become an operational Medical Expert. Within two months you are required to accept either the full DME or IME User Agreement, according to your registration type, and you must also declare any Financial Links and pay the appropriate fee as set by the MedCo Charging Policy.

IMPORTANT: Failure to complete the steps above within the two-month time period set will lead to the withdrawal of your account and you will need to complete the registration and initial accreditation training again.

Will I still have access to the learning materials after I complete the training?2024-11-07T11:20:11+00:00

Yes.

How do I get a copy of my accreditation training certificate?2024-11-07T11:03:38+00:00

To obtain a copy of your accreditation certificate, log into your MedCo account and select the Training link. Once your training account opens select My Accreditation. You can view your grades and download a copy of your certificate in the Administration Tab located in the bottom right hand corner of the window

What happens if I do not complete the initial accreditation training?2024-11-07T11:20:44+00:00

If you do not complete the initial accreditation training within nine months your application will be rejected, and you will need to start the registration and accreditation training again. Any progress made with a previous attempt at the accreditation training cannot be transferred to a new application.

What does the annual MedCo CPD training programme comprise?2024-11-07T11:21:03+00:00

The MedCo CPD training programme runs from 1 June to 31 May. It is made up of various modules designed by the MedCo Education and Training Committee. Some modules are mandatory and others are optional. In May each year, the MedCo Board will stipulate how many hours’ of training are to be completed for the next CPD year.

In any academic year, the MedCo Board may introduce mandatory modules which must be completed by a set date.

How do I know how many hours CPD training I am required to complete and check my progress?2024-11-07T11:21:21+00:00

To obtain a copy of your CPD certificate, log into your MedCo account and select the Training link. Once your training account opens select My CPD. You can download a copy of your certificate from the section CPD Certificate.

How do I get a copy of my annual CPD training certificate?2024-11-07T16:03:13+00:00

To obtain a copy of your CPD certificate, log into your MedCo account and select the Training link.  Once your training account opens select My CPD. You can download a copy of your certificate from
the section CPD Certificate.

 

What happens if I do not complete all my annual CPD hours in the set academic year?2024-11-07T11:22:14+00:00

If you do not complete the required CPD hours, your MedCo status will be suspended meaning you will no longer receive instructions to carry out the first fix cost medical report.

IMPORTANT: If you fail to complete outstanding CPD hours within 6 months of the end of the academic year of the shortfall, you will be withdrawn from the MedCo system.

How is the suspension or withdrawal removed?2024-11-07T11:16:10+00:00

A suspension will only be lifted when you complete the CPD shortfall from the previous year. Shortfall CPD hours do not count towards the current year’s CPD requirement.

If you have been withdrawn from the MedCo system you will not be reinstated. To become an accredited medical expert, you must reapply which means starting the full initial accreditation training again from the beginning.

Do I need still need to do CPD if I set my account to inactive or I am suspended for a reason other than failure to complete the annual CPD modules?2024-11-07T11:26:05+00:00

Yes – you still need to maintain your CPD requirement during any period of suspension or inactivity.  Whilst suspended or inactive you can still log in to your account in the usual way and navigate to your training. Your CPD will be available for you.

Guidance on the use of Administration Agencies

Can medical experts and authorised users instruct an Administration Agency?2023-09-01T09:53:01+01:00

The Following guidance was issued to all users on 24 October 2018 and remains the position.

MedCo does not object in principle to medical experts using the services of administrative agencies (AAs). It has, however, come to our attention that some of these AAs appear to be operating as unauthorised MROs. MedCo consider that the use of an unauthorised MRO is likely to constitute a breach of the MedCo ethics policy and may also cause other breaches of the user agreement.

The arrangement with the AA should be controlled by the DME. The DME should seek assistance for administrative tasks from the AA and should be paying the AA for those tasks as appropriate. Where the “AA” controls the arrangement, such that one or more of the following occur:

  • instructions come in via the AA with no expert selected by the instructing party,
  • experts are allocated by the AA,
  • where payment is made from the AA to the DME,

then it is likely that the AA is in fact an unauthorised MRO.

AAs do not need to register with MedCo – but those that don’t should not be directly engaging in MedCo work. In the Qualifying Criteria dated October 2016 (updated February 2021), the Ministry of Justice set out a definition of an MRO as follows:

1.1 All Medical Reporting Organisations (MROs) wishing to register on the MedCo system must provide documented assurances that their organisation meets the terms below.

MRO Definition: For the purposes of registration and remaining registered on MedCo an MRO is defined as “an organisation whose principle function is to provide medico-legal reporting services and
which is—
(i) independent;
(ii) properly staffed and resourced; and
(iii) directly and solely responsible for all work associated with receiving instructions via the MedCo portal and instructing a medical expert to provide an initial medical report”.

Each MRO must directly:

a) establish and maintain, the direct management and control of a panel of MedCo accredited experts;

b) employ staff in-house with responsibility for managing the instructions received from authorised users and for directly undertaking all administrative work associated with the commissioning of reports from MedCo accredited experts on their own panel, including managing the invoicing, payment and debt collection processes;

c) manage the appointments process for claimants (including identifying appropriate dates, times and venues for medical examinations, processing cancellation and rescheduling of appointments);

d) oversee and quality assure the report production process and have systems in place to effectively manage any complaints from instructing parties; and

e) comply fully with the MedCo Data Contributor Agreement, including its Ethics Policy, and operate in a way which is not contradictory to the Government’s stated policy objectives.

MedCo’s view is that some AA’s meet the definition of an MRO and are carrying out the tasks identified as MRO tasks in a) to e) above.

MedCo Users who engage the services of unauthorised MROs are very likely to be doing so in breach of their user agreement. We have set out below some warning signs that the “AA” is in fact an unauthorised MRO.

Direct Medical Experts (DMEs):

A DME must receive instructions direct from an authorised user (AU). Those instructions should not be filtered through an AA. If the DME is not receiving direct instructions then they are not acting as a direct medical expert. The DME should in no circumstances contract with the AA on terms requiring that they have no direct contact with the solicitor instructing them. Invoices should be made out in the name of the DME and not the AA. The DME should receive payment in full for the medical report provided and should then pay the AA for services rendered. Payment should never be to the AA and the AA should not control payment to the DME (e.g. you will receive £X for a clinic).

The DME should have their own ICO and (where appropriate) VAT number. They should not use the AA’s details.

The DME will breach a warranty given under the user agreement if they provide the AA with login details without first obtaining MedCo’s consent to do so. MedCo will not unreasonably withhold such consent where the AA is operating as an AA. Consent will not be provided if the arrangement is with an unauthorised MRO.

Claimant Representatives/Insurer Authorised Users (AUs):

MedCo consider that the use of unauthorised MROs is a breach of the MedCo ethics policy, and as such, a breach of the user agreement. Where AUs wish to instruct a DME they should do so direct and not via an AA. Invoices should be paid to the DME. Where an invoice is made payable to the AA the AU should not make the payment, but should request an invoice from the DME and payment should be made to the DME.

For support and information contact [email protected]

Closing and Reopening Cases – Medical Experts and MROs

How do I close a case?2023-09-01T09:48:30+01:00

MedCo provides Direct Medical Experts (DMEs) and Medical Report Organisations (MROs) with the facility to close cases. This can be completed by either uploading case data following an examination or by choosing to manually close a case as a formal instruction/examination is no longer being progressed.

How do I upload case data?2023-09-01T09:49:29+01:00

A step by step guide showing users how to upload case data can be found here

How do I close a case for reasons other than case data upload?2023-09-01T09:50:04+01:00

A step by step guide showing users how to manually close a case for reasons other than case data upload can be found here

Is it possible to reopen a closed case?2023-09-01T09:50:32+01:00

Once case data has been entered and saved it is not possible to reopen the case. Where a case is manually closed for reasons other than case data upload there is a 14-day window within which it may be re-opened.

What should I do if I receive instructions on a closed case?2023-09-01T09:51:13+01:00

In the event that a case is manually closed without case data and a formal instruction/or a request to progress with an examination arrives after the 14-day window allowed to reopen the case, DMEs or MROs should not progress with the MedCo case and the Authorised User should conduct a second search. Authorised users must also make contemporaneous records of the reason why a second search was necessary as per the MedCo Rules v3 (updated 6 April 2022).

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