Crosswords0 min ago
Medico Legal Reports
Say the report is completed - Does the client get the chance to comment on this document and if so (civil case) what else is usually required of the client (in relation to this document)?
How important is this document?
Thanks
How important is this document?
Thanks
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from what you have said v v impt
since they have your name on it - it is your data and you have a right to the report -
you dont normally get to comment (and therefore change ). Egdell is all about a report the claimant didnt like and whether it was lawful to circulate it.
changes to reports can and are the subject of cross-examination in court and obviously the reason why - the instructions to the doctor may not be disclosable for reasons I havent worked out
I hope the usual suspects contribute
There is a long series of cases beginning with W v Egdell, through an intriguing case wh really is called X v Y, onto Taranto and in re a child.The junction of breach of confidence and invasion or privacy. Lawyers have obviously made a lot of money from this. There is even a case about a mad Chief Constable I think
I await the comments of Those Who Know
since they have your name on it - it is your data and you have a right to the report -
you dont normally get to comment (and therefore change ). Egdell is all about a report the claimant didnt like and whether it was lawful to circulate it.
changes to reports can and are the subject of cross-examination in court and obviously the reason why - the instructions to the doctor may not be disclosable for reasons I havent worked out
I hope the usual suspects contribute
There is a long series of cases beginning with W v Egdell, through an intriguing case wh really is called X v Y, onto Taranto and in re a child.The junction of breach of confidence and invasion or privacy. Lawyers have obviously made a lot of money from this. There is even a case about a mad Chief Constable I think
I await the comments of Those Who Know
As Fred says both sides will try to agree and your side should enable you to be able to correct any errors within the report but you may find a medical practitioner does not have to disclose information that may cause difficulties. It was found in 2003 (Wainright v Home office) that there is no common law tort of invasion of privacy and therefore no remedy in English/Welsh law it would be necessary to use article 8 of ECHR (Hatton v UK) you may find S 4 & 5 of the Medical reports Act 1988 of interest.
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