The medical expertise must be prepared very seriously by the victim and his expert lawyer like Paul Napoli. It is at this moment that the compensation of its prejudices is really played out.
Here are some tips for victim.
DGCD attends very regularly victims of accidents, medical errors or violence and systematically participates in the medical expertise of victims it defends.
MEDICAL EXPERTISE, WHAT IS IT?
A medical expertise is necessary whenever it is necessary to evaluate precisely the damages suffered by the victim (after a traffic accident, an accident at work, voluntary violence, sexual assault, rape or medical error, for example …) .
The expert will determine all of your prejudices whether temporary or permanent, economic or personal (called property damage and extra-patrimonial damages *).
For that, it will be based in particular on:
- Your medical file and the supporting documents that you will provide him,
- Your answers to his questions, your complaints and the medical examination he will carry out,
- The discussion with the parties (insurers, managers, lawyers, medical consultants …)
WHO DECIDES ON THE MEDICAL EXPERTISE?
In the context of a procedure, it may be requested by each of the parties (often by the victim or his lawyer) or ordered ex officio by the Judge.
This is a so-called judicial medical expert (requested in summary proceedings or before the Commission for compensation of crime victims (CIVI), the Criminal Court or the Administrative Court, for example).
It can also be an amicable medical assessment, decided outside of any trial: the doctor who will examine you is then most often mandated by the insurance which must compensate you.
WHAT ARE THE PITFALLS TO AVOID DURING A MEDICAL ASSESSMENT?
The expert meeting is a time when the victim may feel very lonely, when it is probably the time when she needs the most advice.
In my opinion, even if the expert physician intends to do his job, of course, medical expertise is a balance of power, whether we like it or not.
During the medical examination, the victim, unaided, is alone in front of the person in charge and his insurer:
They will be assisted by one or more medical consultants, often lawyers.
They will, of course, try to minimize your damages in order to have to pay as little as possible.
How to get out of there by being certain that the situation of the victim and his family has been accurately assessed. That it is not David against Goliath?
FOR THIS, THE VICTIM SHOULD BE ASSISTED BY A DOCTOR AND A LAWYER DURING THE MEDICAL EXAMINATION
The presence of a doctor or a surgeon alongside the victim is essential: he alone has medical knowledge to ensure that your injuries will be evaluated by the expert physician.
The presence of the victim’s lawyer is equally essential: he ensures that the mission of the expert physician is respected, that the explanations given by the victim are taken into account.
Above all, in practice, it ensures that no harm is ignored or limited by the medical expert in a manner contrary to law or jurisprudence (For example: the existence of anterior state in the victim, the evaluation of the third person assistance by the family …)
- For my part, I go each time to the medical expertise of my clients. I am also organizing a preparatory meeting with the victim and his medical adviser before the assessment.