What's involved in engaging a medicolegal expert?

I’ve noticed a recent increase in the number of enquiries for medicolegal assessments coming directly from people requesting my services. I thought it would be timely to explain the referral process when engaging a medicolegal expert. 

Medicolegal experts are engaged directly by lawyers who become out clients. They select us based on our ability to assess their client, often aware of our skills and experience, and our ability to prepare a report that will facilitate the legal process for their clients.

In a world where it is second nature to google or ask an AI platform when needing a product or service, it is increasingly likely that people going through a compensation process will do their own searches, unaware that they can’t engage us directly. All independent medicolegal experts, whether engaged by the plaintiff or the defendant, must maintain their impartiality and guide the court and presiding person. 

Clinicians involved in the ongoing management of a person going through a compensation process can provide a treating doctors report, but this can be complicated too as it involves divulging confidential patient information that is included in the report.

From an ethical viewpoint, I wouldn’t engage a person directly, charge a fee and then write a report that was favorable for them, as in the end they were paying me. I don’t think the report would carry much validity either, as there was inherent bias involved in the process of engaging me and paying me for my services.

However, in this era of consumers doing more and more research online, I wonder, what power does a person have when it comes to choosing the medicolegal expert their lawyer sends them to? 

I am aware that in many historical abuse matters, female psychiatric experts are sought after, especially if the perpetrator of the abuse was a male. This was the same in private psychiatry practice, with female psychiatrists regarded as advantageous over males for patients experiencing psychiatric issues related to being abused or assaulted by males. 

Legal professionals often have a panel of experts that they refer to. I am not sure how the panels are chosen and I presume it comes down to a way that a legal firm operates. Maybe its an individual preference or maybe the panel is approved by the legal firm?

Regardless, I wonder how much lawyers representing clients listen to what their clients request, or if they have done their own search, are they open to trying a new expert?

I would love to hear from legal professionals about how panels are selected and what lawyers look for when selecting or adding psychiatrists experts. Is it experience, skills, or qualifications? Is it area of clinical specialty? Or is it more practical aspects such as appointment availability or gender? 

And how often are panels refreshed or updated?


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