MIB Injury Review

[EmilA]

Is there any way to contest the MIB medical experts conclusion from an incident where someone was hit by an un-insured driver and they suffered injuries from it?

The medical expert appears to have gone over their notes and is stating that injuries sustained are more than likely residual issues after having carpal tunnel surgery in 2015 (accident was 2017).
The points that contests this is that via private medical care, 3 consultants from their respective fields have indicated this isn't caused by carpal tunnel and there are issues around the C6 on their spine (I'm not to familiar with medical terminology) which more than likely have caused nerve & muscle issues, and looks to be caused from the incident.

Having already contested their opinion, a follow up confirmation was received from the MIB stating their medical experts view is final, but this seems to go against the viewpoint of other practitioners.
Surely there must be an option to get a second opinion?

[Nezquick]

Has this person got their own solicitor OP? Have Court proceedings been issued or is it still pre-litigation?

It's a long time since I did MIB work but the fundamentals of the CPR (Civil Procedure Rules) will still apply.

If a person does not agree with an expert's opinion they are entitled to put what are known as Part 35 Questions to that expert to clarify the opinion. This can sometimes work but more often that not, they would need to obtain their own expert report to counter what is being said by the MIB's expert.

There will no doubt be a range of reasonable opinion as to what is causing these symptoms - you just need to find an independent expert whose opinion is more favourable.

[EmilA]

They are going through Admiral Law. All points noted and I'll pass on the details from your post, thank you. I don't think any court proceedings have been done, though I'm not sure to be honest and I'll find out.

I know some local injury lawyers who can take a look, plus there are 3 reports from the examinations/tests done aswell.

Small rant time, the annoying thing is that the police were called as the uninsured driver didn't stop at first, considering this was in the centre of Birmingham town centre by the Mailbox on a Saturday night and not one officer was dispatched to literally catch them driving on the road illegally.

Edited by EmilA on Monday 25th November 14:14

[KungFuPanda]

Surely Admiral Law should have instructed their own expert to prepare a report to submit to the MIB to value the Claimant’s claim?

[Red 4]

Sounds like the MIB Doctor is simply trying to muddy the waters.

Carpal tunnel syndrome affects the hands.

C6 is a spinal segment in the cervical spine ( neck).

An injury at C6 is often a whiplash type injury.

Sounds a very suspect opinion to me but this can sometimes be the case ( he who pays the piper calls the tune, etc ).

[KungFuPanda]

Tell your own solicitors to get your own expert to prepare a report.

[EmilA]

Thanks for the feedback. The report has already been contested via Admiral Law once officially with reference to the other reports and once verbally saying that their point of view is not correct.

I just can't seem to understand how they relate a carpal tunnel issue to something that has now occurred in a person's spine. The carpal tunnel issues were also resolved after the operation and is no longer an issue.

[Red 4]

EmilA said:

Thanks for the feedback. The report has already been contested via Admiral Law once officially with reference to the other reports and once verbally saying that their point of view is not correct.

I just can't seem to understand how they relate a carpal tunnel issue to something that has now occurred in a person's spine. The carpal tunnel issues were also resolved after the operation and is no longer an issue.

Because some Doctors display an astonishing level of arrogance and bullst when they are being paid to find holes in a case.

The Medical Expert is supposed to be impartial and independent.

Unfortunately, sometimes, they are not.

They just want to please their paymasters.

You may wish to brush up on The GMC guidance to Doctors who prepare medical reports and remind said Doctor of his obligations ( to act in accordance with the GMC guidance and his overriding duty is to the Court ).

[Nezquick]

Red 4 said:

Sounds like the MIB Doctor is simply trying to muddy the waters.

Carpal tunnel syndrome affects the hands.

C6 is a spinal segment in the cervical spine ( neck).

An injury at C6 is often a whiplash type injury.

Sounds a very suspect opinion to me but this can sometimes be the case ( he who pays the piper calls the tune, etc ).

Not necessarily. I'm no expert but I've dealt with enough PI claims to know that a C6 injury can cause pain to radiate down the arm and into the first two fingers. That could be why there is confusion with the carpal tunnel issues.

Admiral Law need to do their job though and get their own medical expert to consider this.

[Red 4]

Nezquick said:

Red 4 said:

Sounds like the MIB Doctor is simply trying to muddy the waters.

Carpal tunnel syndrome affects the hands.

C6 is a spinal segment in the cervical spine ( neck).

An injury at C6 is often a whiplash type injury.

Sounds a very suspect opinion to me but this can sometimes be the case ( he who pays the piper calls the tune, etc ).

Not necessarily. I'm no expert but I've dealt with enough PI claims to know that a C6 injury can cause pain to radiate down the arm and into the first two fingers. That could be why there is confusion with the carpal tunnel issues.

Admiral Law need to do their job though and get their own medical expert to consider this.

Fair point.

However, the carpal tunnel issues have, apparently, been dealt with years ago.

It just seems unusual to me if there is evidence of injury at C6 relating to, presumably, whiplash.

[EmilA]

Thanks to all the responses here, I'll be printing a few documents off and they will be given to another firm to read over so we can get a second opinion before a response is provided to Admiral Law.