getting things right
A complex and detailed medical legal report will inevitably go wrong sometimes. We want to prevent things from going wrong and are open and transparent about what we offer. The legal framework is complex and Dr Burgin must follow it but the framework is to protect you too. Here are some of the options you have to help the process stay on track.
Send an email: In legal circles this is called The Approach and gives you a chance to ask a few questions without it costing you anything. You may want to be certain that Dr Burgin is the right expert for your case or advice as to the right expert. You may not be sure what a report would do for your case. You may want to know how an expert would consider your case and what information you should send.
Speak with Jenny: Jenny is Dr Burgin’s office manager and she has 20 years of experience in dealing with some of the most complex cases. She will know the answer or know where to find it. Her training includes finding ways of helping those with disability. She has the patience and time to listen to you at your own pace. She is good at walking you through the process and problem solving.
Information: The more information you provide before the assessment the less chance of you making an error during the assessment. This can include your medical records, employment records, photographs and statements. There is a medical questionnaire that lists the areas that will be covered (what happened, treatment, symptoms, past history, effects on your life) and you may wish to complete it. If you are worried about not being able to explain what has happened in the assessment then this is good way of making sure that you have covered everything. We do not charge more if you choose to take this service.
Special questions: By writing down all the areas that you want the report to cover the expert can ensure that they deal specifically with those issues. Although the report will deal with everything these questions can ensure that the expert provide a targeted answer. If you or your solicitor realises that they have forgotten to ask these questions before the report is written then they can be asked after. We try not charge extra unless they are unreasonably long.
Have a chat: Dr Burgin is always happy to have a chat if you do not understand something. Just email saying what you are struggling with and ask for a chat. This may be after The Approach, after the assessment or after you get the report. The purpose of The Chat is to help Dr Burgin understand what you need and find a way forward. As the expert is independent it is not an opportunity to ask the expert to change their opinions but it does not cost extra.
Articles: Dr Burgin has written a large number of articles on the problems that can occur. You can Google them or ask Jenny to find a suitable article to help you. CPR35 is available online and is surprisingly easy to understand, please feel free to quote relevant sections.
Conference: This is where you and your solicitors meet Dr Burgin for you to formally plan the case. This is expensive as it can involve raising new issues and then including them in the report. In general, if you need a conference then something has gone wrong with the process as there are better and cheaper ways to solve most problems. Do not be afraid to use one of the other approaches if you feel they will help get you a better result.
Complaint: We have an in-house complaint process which is integrated into our processes. We understand that you just want things to be right and need to understand what has happened. A formal complaint to us or to authorities will be answered in a legally appropriate way referring to the practice directions and the duty of the expert to the court. This formal method may not be able to address all your issues. Please feel free to use another approach even if you have already made a complaint.