Instructions to medical report providers and commenting on the defendant’s version of events

Published 8 July 2022

Medical report providers are reminded that in accordance with the the Pre-Action Protocol(s) that where the instructing party provides the defendants  version of events as part of the instructions, the medical expert must comment on the impact this has, if any, on the diagnosis and prognosis.

For more details please  refer to the following provisions;

Paragraph 7.8A of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents from 31 July 2013

Paragraph 7.9 of the Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents (“The RTA Small Claims Protocol”).

Medical Reporting Organisations must check that the expert has commented on the defendants version of events as part of their quality checks.