The expert has reported for a second time that I should have gone back to work after three months. The problem I have is I haven’t gone back after 18 months and have lost a lot of money because I have a really injured back. I want to get a different expert report and not show the second report to the other side. I reckon if they see it they will make a poo offer to settle the claim.
Can I tell the expert to change his report? I’m paying him after all! Or can I just get a different report of fa different expert without showing the other side?
Answer
Firstly, the medical expert’s duty is to the court, not you. So if that’s his opinion, that’s his opinion. I would be extremely worried if he changed his opinion just because you weren’t happy with his report. It would be a ‘bent’ expert.
Secondly, you are in a bit of a tricky position in getting a different expert report. Your solicitor can’t disclose the second report without your authority because it is covered by something called ‘privilege’.
Without getting too legal, ‘privilege’ can protect the communications between lawyers, clients and third parties made for the purposes of litigation. However, while the second report is covered by ‘privilege’ if you want to get a different expert to report, I suspect the court will order you have to disclose the report you are not happy with first. This is basically to stop potentially dodgy people ‘expert shopping’ until they get the result they want.
Andrew ‘Chef’ Prendergast
Motorcycle Monthly April 2016
