To assist a claimant's recovery, or to help resolve a medical issue arising in a CTP claim, it may be necessary for the claimant or insurer, to organise for one or more health practitioners to examine a claimant and prepare medico-legal reports, or give medico-legal evidence before the Dispute Resolution Service (DRS) or a Court.
Motor Accidents on and after 1 December 2017
- the degree of permanent impairment of an injured person that has resulted from injury caused by a motor accident
- whether treatment or care is reasonable and necessary in the circumstance or relates to an injury caused by a motor accident
- whether treatment or care after 26 weeks will improve recovery
- whether the injury is a minor injury, as defined by the Act
- the degree of impairment of earning capacity of an injured person that has resulted from injury caused by the motor accident.
- an injured person’s treating health practitioner, or
- a health practitioner authorised by the Motor Accident Guidelines to give evidence in the proceedings
Authorised health practitioners
- a practitioner who the parties agree to prepares a joint medico-legal report
- suitably qualified health practitioners appointed by the Authority
1. Relevant information
2. Supporting the injured person
- agree to a joint medico-legal examination of the injured person
- ensure the health practitioner selected is suitably qualified for the injuries or issues being considered
- are considerate about the time and location of a medico-legal examinations taking into account a claimant’s needs
3. Neuropsychological medico-legal examinations
- scheduling medico-legal examinations does not to disrupt the claimant's ongoing rehabilitation planning
- inform the other party if a neuropsychological medico-legal examination is planned
- use the guidelines for neuropsychological medico-legal examinations of children and adults with traumatic brain injury, and
- use the neuropsychological medico-legal examinations notification (NAN) form.