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Personal injury claim - Medical expert question


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Good morning,

 

A friend of mine has a personal injury case against a bus company after driver took wrong route and hit a bollard whilst reversing to get back on route. - Bus company have admitted liability.

 

The solicitor (well legal executive) acting for my friend requested a rheumatologist assess my friend because she suffers from a condition called hypermobile ehlers-danlos syndrome (hEDS) which causes constant debilitating pain and can cause small injuries or trauma to last for ages

 

Anyway, this "expert" appeared not to know too much about her condition and has referred to out of date materials when talking about the hEDS, and also fibromyalgia, calling the fibro "neuropsychiatric not rheumatic"

 

He has focused on the childhood depression and previous work problems (bullying but not mentioned this is why she left) and my friend feels like he is focusing on irrelevant issues and wonders if she can disagree to this being put in. The whole report practically makes her look mentally unstable, even though depression and anxiety are a symptom of hEDS from a very young age.

 

I have helped her find current criteria on both hEDS, fibro, and also widespread chronic pain, which she also dx with at same time but not mentioned once in his report.

 

Her solicitor is harder than a slippery pig to get hold of and my friend is looking to change representation, but I think she really needs to address this report before making any decision.

 

So, my question is this please experts, Does the medical report need to include this information about her past job and depression which she feels doesn't really have a bearing on her case because she is claiming for the pain and inconvenience she has suffered since the accident. I have said that in my opinion it would need to be added because she has since had to leave her job. But I have promised to help her so will try to find out for sure.

 

I know the info I have written is scanty, but this is the best I can do without disclosing too much.

 

Many thanks guys.

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A Consultant Rheumatologist is the correct specialist for hEDS.

 

You friend can ask for a new medical expert to see her instead, however if the prognosis is the same or very similar then she may end up paying for the cost of the medical report from her compensation.

 

The is usually little scope to disagree with the opinion of a medical expert.

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