Medicolegal Advice to Solicitors
PLEASE NOTE: Medicolegal advice concerning obstetricts and foetal injuries is not presently available from this website.
Solicitors seeking advice need to write to:
Arnold Mann FRCS FRACS
PO Box 774
26 Wynnstay Road
Mount Eliza Vic 3930
Australia
The request letter must provide the following:
1. A chronology of the patient's treatment.
2. A statement setting out the patient's complaints and what he/she deemed wrong with the care provided.
3. Copies of all medical reports from treating doctors, and hospital records and reports of special investigations such as x-rays, pathology tests, photographs.
4. Original materials such as x-rays must be sent via courier or by registered mail.
5. A cheque for $440.00 for a preliminary report.
Documents and other materials must be sent in strong envelopes or boxes, and not wrapped with brown paper and sellotaped if losses are to be avoided.
The Preliminary Report
This will convey briefly either (a) that in our view, the treatment afforded the client has not departed from proper practice or (b) that prima facie there appear to be grounds for investigating the claim further. In the latter event a firm quote for a full report will be forwarded for the cost of providing a definitive report which will be payable only on when the report is complete and ready for despatch.
The Definitive Report
Unless only specific answers to specific questions are requested this will be in the the following format:
1. Introduction. The introduction sets out the scope of the report.setting out in brief summary in a series of questions. What was the treatment the patient required? What he received? Was the treamnert appropriate? Was the treatment afforded with reasonable care? Whether complications arose and were they treated with reasonable expedition? And so on.
2. A summary of the patient's history and a summary of the medical reports and clinical records setting out the essential relevant matters.
3. The Opinion.
4. Damage sustained by the patient.
If during the investigation material is discovered that makes the investigation of a claim seemingly futile, the solicitor is contacted by phone in order to obtain further instructions, so that a smaller account can be forwarded if the investigation is to be aborted.