North Staffordshire Nuffield Hospital
North Staffordshire Nuffield Hospital
Strawberry How Clinic
4 Europe Way
Cumbria CA13 0RJ
10 Harley Street
London W1G 9PF
Terms and Conditions for accepting instructions from Solicitors.
These are the terms and conditions under which I agree to undertake medico-legal work on behalf of the Instructor.
If I have agreed other terms and conditions with the Instructor in writing, they will supercede these.
1. Confidential Information
The Instructor agrees to treat all information supplied by me as confidential and shall not disclose or otherwise use such information except for the purposes of the specific litigation to which it relates without first obtaining my written consent.
2. Medical Records
2.1. The Instructor must supply me with all relevant medical records and radiographs relating to the claimant before his or her appointment with me. The instructor shall have acquired the following information from the claimant:
2.1.1. the names and addresses of all practitioners from whom they have received treatment; and
2.1.2. the names of all hospitals at which they have received treatment or at which they have been the subject of investigation.
2.2. The medical records sent to me must be high quality photocopies. We are happy to receive records and imaging on CDs or email.
2.3. Medical records and documents provided by the Instructor will be held by me for a period of six months from date of examination of Claimant. After that time, unless otherwise advised, files will be destroyed.
2.4. If the instructing solicitor does not wish me to review medical records then this must be explicitly stated in the letter of instruction.
3.1. An appointment letter will be sent to the claimant confirming the appointment time and venue on which I have been booked to see him or her.
3.2. In the instance where an appointment is booked less than 5 full working days before an appointment, the Instructor will be responsible for ensuring that the Claimant is properly notified and attends punctually.
4. Preparation of Reports
4.1. Where all medical records and radiographs have been obtained in accordance with clause 2, and it is clear that no further investigations into the claimant's condition are required, then my medico-legal report will be dispatched to the Instructor within forty eight hours of the appointment date.
4.2. If it becomes clear at the appointment that any medical records and/or radiographs have not been supplied to me, or that further investigations into the claimant's condition are required, then the Instructor must obtain any such medical records and/or radiographs and arrange any such further investigations before I will be able to complete my report. Once any outstanding records and/or radiographs have been obtained and any necessary further investigations undertaken, then my medico-legal report will be dispatched to the Instructor within one week of the date on which such outstanding matters have been resolved.
4.3. The Instructor is responsible for providing me with adequate instructions and shall check that all relevant matters have been covered by my report.
5. Further Investigations
5.1. If, at the time of the appointment, I believe further standard (plain) radiographs are required in order to prepare my report, then I shall inform the Instructor of such requirements. The Instructor shall then be responsible for obtaining these and forwarding these to me in order to allow me to complete the report.
5.2. Where I consider that further more complex investigations are required, such as computer tomography, magnetic resonance imaging, nerve conduction studies etc, then I shall inform the Instructor of such requirements. The Instructor shall then be responsible for obtaining these and forwarding these to me in order to allow me to complete the report.
6.1. My basic fee for a straightforward personal injury report is £350- £450 plus VAT. Complex cases, such as poly trauma, are charged at my hourly rate and estimates are given on request.
6.2. I will notify the Instructor where the final invoice is likely to exceed the basic fee stated within clause 6.
6.3. My hourly rate in respect of any further time spent by me in the preparation of the report and any other qualifying work, including addendum, is £350 per hour + VAT (the "Hourly Rate").
6.4. Payment for all reports is to be made within six months unless by prior agreement with instructing solicitors or if made via an agency within thirty days.
6.5. There will be no additional charges for factual corrections.
6.6. Conferences with counsel including any travelling time thereto will also be charged at the Hourly Rate, and in addition the Instructor will be responsible for any travelling or other expenses I incur.
6.7. My attendance at court as an expert witness will be charged at the rate of £2000 + VAT per day or part thereof (the "Court Rate"), and in addition the Instructor will be responsible for any travelling expenses or other reasonable expenses I incur.
6.8. Where my attendance at court is cancelled or rescheduled then the following fee will be charged:
6.8.1. Where I receive more than seven working days' notice, nothing;
6.8.2. Where I receive between seven and three working day's notice, 50% of the Court Rate; or
6.8.3. Where I receive two working day's notice or less, the whole of the Court Rate.
6.9. Where the claimant fails to attend an appointment with me and has not given notice of their non-attendance, then I shall be entitled to charge a cancellation fee of £100 + VAT.
6.10. In alleged medical negligence cases a report on liability and causation is usually prepared from the medical records and investigations without the need to see the Claimant. A medical negligence reports usually cost between £1500 and £2500, depending upon the complexity of the case and volume of records and investigations to be reviewed.
Any fees due to me in accordance with clause 6 shall not be subject to assessment by any court and are not dependent upon the successful outcome of the case. It is therefore entirely the responsibility of the Instructor to ensure where appropriate that:
7.1. My fees are no higher than reasonably necessary for the purpose of the litigation being undertaken; and
7.2. Where necessary, the prior approval of my fees by the Legal Aid Board has been obtained.
8.1. I shall endeavour to answer all communications from the Instructor as soon as reasonably practicable. The Instructor should, however, restrict use of my telephone line to urgent enquiries only.
8.2. The Instructor should advise the claimant that as my instructions come from the Instructor only, all communications between the claimant and myself should be through the Instructor. The only exception to this is where the claimant needs to cancel their appointment with me in accordance with clause 6.