Injury claims referrals possible Severs

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Hi hope you can help.

Over the weekend I have received a letter from a local solicitor requesting I provide my cv and fee structure. He is handling an injury claim for an 14 year old . She has been diagnosed with Severs but she is being refered to a constultant trauma and orthopaedic surgeon for expert opinion as "it is very rare to contract that disease on the basis of a single injury and that the scans and xrays do not support this diagnosis" - their words not mine!

My question is,

a. do I only provide what I have been asked for ie my cv and fee structure,

or do I

b. also comment on the Severs diagnosis, ie that severs can be as a result of single trauma, and that Sever's disease diagnosis cannot be made with any certainty on radiographic evidence alone (Merriman and Turner).

and

c. include an invoice for the time taken to reply and compile a current cv (given that as I'm in private practice I don't have one as I'm not looking for employment elsewhere).

and lastly

d. if I do eventually see the client, (as I have never had a client with Severs before), what should I be looking for, and what treatment should I be looking at providing? My initial idea would be insoles that would provide some sort of cushioning under the calcaneum.

Your thoughts on the above would be much appreciated.

 

Ring them to find out more info.

I would be interested to know what the are claiming for and who they are claiming too! ... for Severs disease igs:

You don't need to be an expert to know thats wrong! igs:

 

Thanks for responding so quickly Craig,

The only information I have been provided with is that it is respect of a claim for damages for a personal injury she sustained in an accident in school in 2011.

My assumption is it's a claim against either the school or possibly the supervising teacher/adult - as at this time they have not provided me with any further information as they only want my cv and fee structure at the moment.

Thanks, Jx

 

It is unlikely that they got Severs from an accident igs:
It would be easy to defend.

 

Hi Jaqui,

I have a medico-legal practice and am familiar with most aspects of legal/podiatry.

In this case it seems that the solicitor wants to find a podiatrist who can treat his client.
He has a duty to find the best person for the job - hence the request for a CV.
The case will be underwritten by an insurance company who will pay for a certain amount of treatment. If orthoses are needed these will also be paid for.

You should compile a CV and send it off together with your fee scale. You are not being instructed as an Expert Witness, and so shouldn't give any opinions on the case (whether they can be substantiated by references or not). Any opinion you may express, and this could be in writing or in conversation, has to be disclosed to the Court. The worst-case scenerio is that you will be called to give evidence, but not paid.

It may be that the solicitor will ask if you can provide an expert opinion at some stage. This is not too daunting provided you have a template to follow, and are happy with the fact that you may be called to Court to give evidence.
If it comes to this, and you want to have a bash I suggest you tell the solicitor that you have never compiled a medicolegal report before, and could he let you have sight of
a report from a closed case so that you can see from the headings what to include.

If you want to do some medicolegal reportage there are courses you can go on (Google Bond Solon). I suggest as a start you visit their website and familiarise yourself with Part 35, which is all about your duty as an expert witness. This is to the Court and not the instructing solicitor, or the client.

In the UK a Podiatrist can command roughly the same report fees as a GP, Pharmacist, or Osteopath. Some Pods charge a little more, some a little less. Conferencing with a barrister is normally charged for separately, as are supplementary reports.
If the case does go to Court, and very few of them do, invoicing for £1000 a day + expenses would not be considered unreasonable by the legal team.

I hope this is useful to you.

 

David,

Thanks for the reply,

I suppose I was a bit worried that they might be asking a bit more from me than just my role as a podiatrist treating a prospective patient.

I'll respond with my CV and fee structure and leave it at that for the time being, if anything comes of it, I'll worry about it then.

Many thanks. Jx

 

You're very welcome. If unsure talk to the solicitor concerned. Most are friendly and only want the best for their clients.

ps - I bet it's a bit windy in Pembroke.

 

It was - flying plant pots and buckets deposited all over the garden, dogs don't want to be outside so it must be bad. :boohoo:

Bit of a breeze but sunny now - saying that the fishpond is overflowing, and a new one seems to have formed right outside the driver side of my car!!:sinking:


Good job we have a dingy, might be needing it if this rain doesn't stop soon. Jx