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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 5921
Experience:  Senior Associate Solicitor
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I am in the middle of a personal liability case and the

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Hi there. I am in the middle of a personal liability case and the third party solicitor is asking that I use a specific consultant for the medical reports. I want to change to a local consultant. Can they insist on a specific person?
Assistant: Where are you? It matters because laws vary by location.
Customer: I am in Scotland
Assistant: What steps have you taken so far?
Customer: I have had an initial report done but further scans were recommended and now I want to change consultants
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Sorry - no

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

They usually agree the CV of a consultant in an injury case with your solicitor. The courts say that the parties need to agree to the instruction of a suitable independent medical expert to prepare a report for the court. The report is not for you, nor the third party solicitor - it is for the court to assist it in determining the issues in dispute.

Whether you can object to their expert depends whether you have a solicitor already - if so then your solicitor needs to try and agree the expert. If you do not have a solicitor then you can raise objections but they need to be justified, for example if the expert is too far away or they are defendant-biased for example. If you object then the third party solicitor will need to ask the court for permission to use that expert.

I hope this helps - if you can please accept the answer and give me a 5 star rating (the top right of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 3 days ago.
Thanks for your response. So, as the consultant that I was sent to my my solicitor (who is no longer my solicitor) is not based in Dundee and the hospital in which he rented space to see me is closed down, if I ask my GP to refer me to a local consultant to continue prognosis and treatment, the third-party solicitor can't object? I can't travel to see a consultant. I just want to find someone local who is easily accessible.

The issue is your GP referring you to consultant would mean the consultant you see is not independent. It has to be someone who has not treated you before (the emphasis is that they given an independent medical opinion with reference to your medical records and the examination).

What type of consultant and whereabouts would be preferable as I can look up a few for you.