Civil legal cases can involve complex questions about a person’s physical or mental health, particularly where an injury, accident or alleged negligence has had a lasting impact on their life. In these circumstances, an independent medicolegal assessment can provide the court with specialist clinical evidence.
What is a civil medicolegal assessment?
A civil medicolegal assessment is an independent clinical evaluation undertaken for the purposes of civil legal proceedings. It may be requested by solicitors acting for a claimant or defendant, or through joint instruction by the parties.
The purpose is different from a routine clinical appointment. The expert’s role is not to provide treatment or advocate for either side. Instead, they assess the available evidence and provide an objective, impartial professional opinion within their area of expertise.
Importantly, an expert witness’s overriding duty is to the court.
When might a medicolegal assessment be needed?
Medicolegal expertise can be required in a range of civil matters, including:
Each case is different, and the assessment will be tailored to the specific questions raised in the legal instructions.
What does an assessment involve?
Before reaching an opinion, the expert may review relevant documentation, which can include medical records, witness statements, previous reports and other evidence supplied by the instructing parties.
The individual concerned will usually then attend an assessment with the expert. Where mental health is relevant, this may involve discussing current symptoms, previous mental health history, the circumstances surrounding the event and how the person’s day-to-day life has been affected.
The expert considers this information alongside their clinical expertise and the available evidence before preparing a medicolegal report.
Understanding causation and prognosis
Two important issues in many civil cases are causation and prognosis.
Causation considers the relationship between the event in question and the person’s condition. For example, an expert may be asked whether an accident caused a psychological condition, contributed to an existing condition or had no material effect.
Prognosis considers the likely future course of the condition. This can include whether symptoms are expected to improve, how long recovery may take and whether further treatment or support may be appropriate.
These can be complex questions, particularly when someone had pre-existing mental or physical health difficulties before the event.
Why independence matters
Independence is fundamental to medicolegal work.
An expert should provide the same professional opinion regardless of which party has instructed them. Their conclusions must be based on the evidence, their specialist knowledge and appropriate professional standards — not on the outcome preferred by either party.
A well-prepared report should therefore be clear, balanced and appropriately reasoned, explaining both the expert’s conclusions and the evidence on which those conclusions are based.
Supporting civil legal proceedings with specialist expertise
Civil cases involving health and psychological wellbeing can be complicated and sensitive. High-quality medicolegal evidence can help solicitors, insurers and the courts understand the nature of an individual’s condition, its possible causes, its impact (both now and in the future).
Access to an appropriately qualified and experienced independent expert can therefore be an important part of ensuring that clinical questions within civil proceedings are addressed clearly, objectively and fairly.
We are registered by the Care Quality Commission (CQC),
the independent regulator of health and social care in England.
