Experts are Central to the Civil Liability Reforms
"It is time for experts to stand up and be counted"
The personal injury claims industry is in a state of flux. The last few years have seen radical changes in the way business is done, driven by the twin forces of government intervention and technological innovation.
The future is becoming clearer and one certainty is the importance of the medical expert.
The reforms set out in the civil liability bill mean that all soft tissue injury cases will now require a report from a MedCo accredited expert. A spokesperson for the ABI stated at the recent MedCo expert witness conference (Oct 2018) that the role of the medical expert has never been so important as they may be the only professional who sees or speaks to the Claimant.
Whilst the ADME recognise the need for an element of administration and management following the implementation of these reforms, there is no substitute for expert insight as the key part of the claims process.
We believe that the expert, their appointments, and their independence must be placed at the very heart of the intellectual creation of the new process, the philosophy and the practical implementation of it.
It is time for experts to stand up and be counted. To drive a system forward that is free from the dysfunctional commission based model that has driven the medico-legal process for over 15 years. It is this model that has devalued the importance of the expert, led to ever reduced appointment times, undue pressure from referrers and a 3 fold reduction in expert remuneration. It is time to create a new paradigm placing a proper and thorough independent examination of the Claimant at its heart, by an upstanding and impartial expert whose duty is solely to the Court.
The ADME will strive to make sure that the voices of the experts are finally heard within this process and that experts can play a pivotal role in helping shape a new and ethical claims process.
Independence
The AMDE will campaign to increase the independence of its members and safeguard experts from undue pressure from instructing parties.
Ending Financial Incentives
Our members believe that all financial incentives surrounding the procurement of medical evidence should be prohibited, including services in lieu.
Patient Centric Consultations
We believe that the Claimant should be put at the heart of the reporting process with proper time given for them to give an account of their injuries and undergo a full examination.
Fair Remuneration
Experts should remunerated in proportion to their value and the proportion of work they perform as part of the process.
Training and Advice
ADME supports its members with training and advice relating to all aspects of running their medico-legal practice.
Common Sense
ADME will lobby for a common sense approach to the new consumer centric system for accessing medical experts and procuring medical evidence.
The Ikarian Reefer
"Expert evidence should be the independent product of the expert uninfluenced as to form and content by the exingencies of litigation"
The ADME believe medical evidence will only ever be independent if all parties involved in its commissioning are placed under the same rigorous duty as the expert and their declaration of independence.
What Experts Say?
Members Feedback
I was incensed that experts were unable to voice their true opinions at the recent MedCo experts conference as representatives from all of the Tier 1 companies were allowed to crash the event. Otherwise, it was an excellent day.
Experts need to spend at least 15-20 minutes with each client as a minimum. The continued dominance of a small number of agencies taking 70% of the expert fee must be stopped, so that we can do our job.
I was removed from a Tier 1 MRO's panel for refusing to change a 2 week prognosis on a child to 3 months. We cannot be put under this pressure of loosing £1000's worth of business just because a large solicitor demands the MRO have us alter the reports. Unfortunately MedCo has had little effect…
