Medical Hitman: From Game to Reality

It is often whispered amongst insurers that certain medical practitioners need to be approached with caution. Whilst the ‘hitman’ term is thrown around in jest as a bit of a game amongst insurers a recent case has added weight to the argument that it could in fact be a reality.     

A Chester GP and medico-legal expert, Dr Anthony Kaufman, has received a six month suspension by the General Medical Council after a finding by the Medical Practitioner Tribunal Service that Dr Kaufman had dishonestly prepared a medico-legal report in order to support a whiplash claim for a relative.  It is hoped that this case is very much a one off.  Most medical practitioners actually understand the requirements of Part 35 of the Civil Procedure Rules which are designed to ‘focus the expert’s mind’ and ensure that the report is prepared for the benefit of the Court and not for the benefit of the Claimant

Whilst some insurers will be disappointed that Dr Kaufman has only been suspended and not dismissed (and insurers should note that the suspension is not yet enforced as Dr Kaufman has 28 days to appeal the finding) the finding is likely to assist insurers in future cases where there is a concern over the expert’s veracity.

Of course caution must be exercised and evidence provided in support of what are very serious allegations however Forbes Solicitors have recently successfully challenged a medical expert’s report on the basis that it was not CPR compliant.  In these circumstances the Court imposed a cost penalty on the Claimant which outweighed the costs of obtaining the report in the first instance which has deterred the Solicitors in question from using the expert in question.

Should you have any concerns about medical experts or require assistance on how to successfully oppose the instruction of a particular expert Forbes Solicitors may be able to assist you in cases where the concerns can be supported.

 

 

Nigel McCloy

About Nigel McCloy

Solicitor in the Insurance department
This entry was posted in Fraud.

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