How to avoid pitfalls during a medical assessment is a common question among victims of accidents and medical malpractice. After a road accident, an accident at work, medical malpractice, or any form of personal injury, the assessment stage can determine your chances of obtaining fair compensation. However, many people go into it unprepared, which can reduce their chances of obtaining compensation that matches the damage suffered.
The goal is to prepare well for your medical assessment, understand the pitfalls to avoid, and adopt clear behaviors during the medical assessment, whether it is an amicable assessment or a legal assessment. Consulting a medical advisor for victims or a lawyer specializing in health law can also increase your chances of obtaining fair compensation.
1. Gather all documents and prepare your medical file before the medical assessment
Before an assessment, your medical file must be complete. Gather all reports, imaging, hospitalization reports, consultations, care received, and medical history. This medical file allows the medical expert to make a reliable diagnosis and properly assess the sequelae and functional limitations. A legal or amicable assessment cannot be based solely on a simple medical examination without a thorough medical history.
Preparing well for your medical assessment means avoiding gaps in your file that could be used to limit your compensation. If certain documents are missing, you run the risk that the medical expert or insurance company will conclude that you have omitted a treatment or underreported a medical procedure. It is also recommended that you file your documents in chronological order to facilitate the medical expert’s work.
2. Seek assistance from a victim’s medical advisor
During such a process, calling on a victim’s medical advisor can provide valuable support. While the medical expert may be appointed by the insurance company or the organization requesting a medical assessment, the medical advisor works with the victim to prepare questions, identify overlooked injuries, and verify the proposed conclusions. This improves the chances of obtaining compensation proportionate to the damages suffered. Thanks to this medical assistance, accident victims can better understand the “gray areas”: psychological injuries, functional limitations, and delayed healing. The medical advisor helps translate these realities into terms of personal injury assessment.
Seeking assistance from a medical consultant provides you with technical and strategic support, particularly in avoiding pitfalls during the assessment process.
3. Write a letter or list of grievances and a treatment log
To be well prepared for your appointment with the medical expert, your file may include a letter or list of grievances detailing all the harm you have suffered (physical, psychological, professional) and a treatment log listing all the treatments you have received or are still undergoing.
The chronological treatment log provides a clear overview of your treatment, its frequency, costs, effects, and complications. The letter of grievances identifies what you are claiming: chronic pain, disability, anxiety, etc. This preparation allows you to structure your expectations, guide the examination, and document the effects on your daily life. Without this preparation, you risk that certain items of damage will not be taken into account, or that the expert will minimize the effects.
4. The medical expert is a specialist, so there is no point in pretending.
Medical assessment is a rigorous professional process. The medical expert must be an independent expert, competent in their medical specialty and trained in assessing sequelae. The aim is not to “pretend” to be disabled, but to provide an honest and accurate assessment of physical injuries. Faking or exaggerating an injury can discredit your case, create inconsistencies, and damage your credibility. The medical expert does not replace your treating physician. They assess, often without any therapeutic connection, the consolidation, permanent impairment, and functional limitations.
You must therefore cooperate, answer accurately, and omit nothing. Rather than attempting to “perform,” opt for transparency and preparation, which reduces the risk of errors and pitfalls.
5. Do not minimize physical or psychological injuries.
Injuries are not limited to visible wounds. Psychological damage—anxiety, post-traumatic stress disorder, loss of quality of life—is increasingly recognized in medical assessments. If you limit your argument to physical injuries alone, you risk overlooking other aspects of your bodily injury. The medical expert must assess all the damage suffered, including invisible but real after-effects.
Therefore, before the assessment, make a list of all the physical and psychological effects. Documenting these is a common-sense measure to obtain fair compensation. By omitting these aspects, you fall into one of the traps that accident victims can face.
6. Get support during the assessment
Presenting a medical assessment alone after an accident can be intimidating. Support, whether from a medical advisor or a moral representative, can help you stay calm, ask the right questions, and note down the answers. The other party (insurance company, organization) sometimes takes advantage of the victim’s emotions, fatigue, or ignorance of the process to minimize the conclusions. Having someone accompany you allows you to maintain a professional attitude and ensures that nothing is overlooked.
This support is therefore a safety net to help you avoid pitfalls during the assessment and protect your rights.
7. Be wary and do not respond directly to the insurance company
After the medical assessment, the insurance company may contact you with a compensation offer or additional questions. It is important to remain vigilant, as insurers often seek to limit damages and fees. Responding without advice or providing unsupervised explanations may weaken your position in obtaining adequate compensation. The victim’s medical advisor or lawyer can help you formulate a thoughtful response. The insurance expert’s report may underestimate the consequences in order to reduce the amount of compensation.
In short, do not communicate directly without support, to avoid falling into another of the traps to avoid during the medical assessment.
8. Seek the assistance of a lawyer to prepare for the expert assessment and have all documents checked
The involvement of a lawyer specializing in health law or personal injury law is a strategic advantage. They can help you prepare for your judicial or amicable medical assessment, choose or verify the choice of medical expert, anticipate the conclusions of the assessment, and assess your chances of obtaining fair compensation. Medlégal’s lawyers structure the case, verify the mandate, and ensure that the report is usable.
Among the lawyer’s tasks, they must ensure that:
- All care is documented
- All damages are clearly listed
- The reports are included in the case file
- The expert’s fees are reviewed
- The victim’s rights are protected
9. Read the expert report carefully with a lawyer
After the medical examination, the medical expert will issue an expert report. This document contains the diagnosis, limitations, date of consolidation, recommendations, and assessment of sequelae.
Reading this report alone can be risky. Some conclusions may appear favorable but contain assumptions or reservations that limit compensation. A lawyer specializing in personal injury law can help you identify sections to watch out for, omissions, contradictions, or factors that reduce your rights. They will check that all your complaints and the care provided in the care log are taken into account. If there are any gaps, this is the time to arrange for a second opinion.
10. Check the conclusions of the medical report and don’t hesitate to request a second opinion if necessary.
You should not accept a report’s conclusions without analyzing them. If you believe that the conclusions of the report are incorrect, incomplete, or biased, you can challenge the medical assessment and request a second opinion (either an amicable counter-report or a new judicial report). These mechanisms exist to correct or supplement the initial report.
Seeking a new assessment or an independent expert increases your chances of obtaining compensation commensurate that reflects the damage. Your lawyer will assist you in formulating the request, verifying the mandate, and organizing the logistics. Failure to act could mean accepting reduced or even inadequate compensation.
Get support throughout the process
Obtaining a medical assessment after an accident or personal injury is a major step in personal injury law. If you want to prepare your assessment properly, avoid pitfalls during the medical assessment, ensure a comprehensive evaluation of all damages, and maximize your chances of obtaining fair compensation, it is advisable to consult a lawyer specializing in health law, a medical liability lawyer, or a personal injury lawyer. Our law firm is at your disposal to provide you with effective support throughout this complex process.
Frequently Asked Questions
Which lawyer should you choose to assist you with a medical assessment in the event of personal injury?
Choose a lawyer who specializes in personal injury or health law. This professional is familiar with the mechanisms involved in medical assessments, personal injury, and traffic accidents. They will know how to prepare for and avoid pitfalls during the medical assessment. Medlégal’s lawyers will help you through these steps.
Can I choose my medical expert?
No, the expert must be independent and is generally appointed by the requesting organization (organizations such as the SAAQ or the CNESST). However, you can challenge or request a second opinion and suggest an independent medical expert.
How does the medical assessment work?
The medical expert reviews the medical file, performs a clinical examination, asks questions, and assesses functional limitations, the date of consolidation, and any sequelae. He or she then writes a report and sends it to the parties.
What is the role of the medical expert?
The medical expert is a professional who assesses the state of health, the sequelae of a bodily injury, and the functional impairment, and formulates an independent opinion. He or she does not monitor the care. Their report is used to calculate compensation or settle a dispute.
Why request a medical assessment?
To have a physical injury recognized, assess the damage, document your medical file, establish a link between the accident and the after-effects, and maximize your chances of obtaining fair compensation.
How long does it take to get an assessment report?
The timeframe depends on the urgency and the context. Public bodies have internal deadlines. Prepare thoroughly before the assessment. The timeframe may be short or longer depending on the complexity of the case.
Who can assist you with the medical assessment process?
You can be accompanied by a medical advisor, a lawyer, or a representative. This support will help you formulate your complaints, prepare your medical file, compare conclusions, and provide you with support at the time of the assessment.
How should you behave when meeting with the medical expert?
Answer honestly. Bring all your documents. Be clear about your pain, abilities, and limitations. Do not minimize or exaggerate. Avoid improvising. Prepare in advance.
