find the latest legal job
Senior Lawyer - Planning and Environment
Category: Environment and Planning Law | Location: Leichhardt NSW 2040
· Permanent, full time position · Attractive TRP reflective of the size of the role
View details
Senior Lawyer - Commercial
Category: Corporate and Commercial Law | Location: Leichhardt NSW 2040
· Permanent, full time position · Attractive TRP reflective of the size of the role
View details
Insurance Lawyer (2-3 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane QLD 4000
· Exceptional Career Opportunity · Brisbane Based
View details
Associate Litigator
Category: Litigation and Dispute Resolution | Location: East Perth WA 6004
· access to Directors · advancement for talented lawyers
View details
Acciona Energy | In-House | Property | Legal Counsel
Category: Property Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Renewables focus · Use your property law skills to make a difference
View details
Medical Examinations in the Legal Arena

Medical Examinations in the Legal Arena

medical

Promoted by

Independence is not the only issue.

The dramatic increase in personal injury claims presents serious challenges for insurers and the legal profession alike.  A crucial tool in the progression and settlement of a personal injury claim is the Independent Medical Assessment (IME).

The multiplicity of competing agendas are contributing to the evolution of the way IME’s are commissioned and the markets expectations on performance, quality and cost.

At one time there was little control over the quality or cost of the report or indeed the time in which the assessment could be performed and the provision of a written report.

Lack of self-regulation in the provision of IME’s has led to ever increasing legislation to regulate the provision of IME’s across multiple jurisdictions. A typical IME is now required to demonstrate an objective, evidenced based opinion centred on a biopsychosocial approach, with measurable and demonstrable effectiveness delivered within defined timeframes. 

In addition, IME fees are increasingly being bought under legislative control as a means of cost containment. The focus on quality is driving scrutiny of not only the actual but the perceived independence of the IME.  Such scrutiny is putting pressure on both plaintiff and defendants firms to review their process of selection for an IME.  The old “medical expert - gun for hire” model is fast becoming unsustainable.

The availability of electronic assessment booking systems and the professionalization of the IME process is resulting in access to a wider choice of quality IME’s in broader geographic locations with access to realistic appointment timeframes.

However, increased reliance upon modern technology is also driving the need for improved security around storage and transmission of personal information.  This has given rise to increased legislative control to protect personal confidentiality, health records, and legal rights which may be impacted upon as a result of the IME process.  Currently there is little legislative requirement to mandate the use of electronic encryption or dedicated intranet portals for the transmission of personal information. However, the ready availability of such technology would make it difficult to sustain a practice of transmission of personal information without such security systems in place. 

The challenge for the legal profession will be to ensure that they are across the increasing challenges when making and IME to maximise their effective management of their clients matter.

Summary

  • Increased financial pressure requiring sound financial returns on investment in an assessment.
  • A more sophisticated market demanding higher standards of all aspects of the examination process.
  • Increased compliance requirements to meet new standards in document security.
  • Increased focus on empowering an injured person and protecting their autonomy and legal rights.
  • Assessment bias, whether actual and perceived, is becoming increasing less tolerated.

 

5 Tips for Organising an Effective IME

Like this story? Read more:

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Vic Bar commends funds to back victims of crime

  1. Provide an overview of the case at the time of booking to ensure the specialist with the most appropriate expertise is selected.
  2. Provide a detailed letter of instruction with a comprehensive outline of what it is you wish the specialist to review.
  3. Construct succinct questions in the letter of instruction to avoid ambiguity and repetition.
  4. Ensure the case file contains all relevant information, unnecessary or duplicate information should be removed.
  5. If the matter has a complicated history, request that the specialist contact you before the assessment.
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Indigenous Australian art - Bradshaw Rock Paintings Western Australia
Jun 23 2017
Lawyers call for legislative protection for Indigenous artists
An Australian arts law body has spoken out against the “prolific” appropriation of Indigenous ar...
Alarm for terrorism bill ‘rushed through’ NSW Parliament
Jun 23 2017
Alarm for terrorism bill ‘rushed through’ NSW Parliament
Lawyers have flagged concern about a bill rushed through NSW Parliament this week to bolster police ...
Robert French AC
Jun 23 2017
Top university post for former High Court judge
The University of Western Australia has appointed the last chief justice to retire from the bench of...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...