Information for Claimants

When you have an appointment to see Dr Lakhani it would be useful for you to know that he is acting as an Expert Witness and he is there to prepare a medico-legal report for the court. The duties of an expert witness are:Cresswell J summarised the duties of experts in the Ikarian Reefer 1993 2 LILR 68, 81-82. This states:

  1. Expert evidence presented to the court should be, and should be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies of litigation
  2. An expert witness should provide independent assistance to the court by way of objective unbiased opinion in relation to matters within his expertise.
  3. An expert witness should state the facts or assumptions upon which his opinion is based. He should not omit to consider material facts which could detract from his concluded opinion.
  4. An expert witness should make it clear when a particular question or issue falls outside his expertise.
  5. If an expert’s opinion is not properly researched because he considers that insufficient data is available, then this must be stated with an indication that the opinion is no more than a provisional one.
  6. If the expert cannot assert that the report contains the truth, the whole truth and nothing but the truth without some qualification, that qualification should be stated in the report.
 In order to help Dr Lakhani do your report the following suggestions may help
  • Bring a Photo ID and a Utility Bill or Proof of Address with you. The doctor will not see you without any such Photo ID (driving licence/passport/freedom pass)
  • Fill in the pre-accident questionnaire prior to seeing the doctor and take it with you at the appointment
  • Do not exaggerate any symptoms
  • Do not malinger or make up any symptoms
  • Be honest throughout the assessment
  • Be accurate in your description
  • Remember to relay everything chronologically
  • Please inform about any past medical history of accidents, injuries, incidents or any similar symptoms and what treatment you have had
  • Take pictures of any bruising or cuts or superficial injuries and submit them to solicitors
  • Mention the impact of accident on your psychological health if any
  • Mention the impact of the accident on your general health and well being, your work, your life at home, domestic duties, personal life, leisure and pleasure and sports.
  • If you are a student mention if the incident has affected your studies in any way.
  • The doctor may use skills and techniques to ensure what you are telling him is true and correct.
  • A formal physical examination will be undertaken. The doctor may carry out clinical examination to check if you are being honest or not.
  • At all times please remember the doctor is not your GP. He has primary duty to the court and this is very different from the care you would receive from your NHS GP.
  • The doctor may then let you know the possible recovery period, any tests he needs to order and any treatment he may think may assist this recovery process.
  • The doctor is independent of the insurance company and the people involved in your claim process.