Guide FOR PERSONAL. What to expect at a Medical Panels examination

Transcription

1 Guide FOR PERSONAL INJURY CLAIMANTS What to expect at a Medical Panels examination

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3 The Wrongs Act 1958 provides that a claimant is not entitled to recover damages for non-economic loss in respect of an injury caused by the fault of a respondent unless the claimant has a whole person impairment, resulting from the alleged injury, that satisfies the prescribed threshold impairment level. A Medical Panel may be asked to provide a Determination when there is disagreement or uncertainty as to whether a claimant s degree of impairment, resulting from the alleged injury, satisfies the prescribed threshold level. It is because of this uncertainty that you have been referred to the Medical Panels by the respondent and you must attend the examination. 3

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5 Contents What will happen first? 6 Are Medical Panel doctors independent? 6 Can the Medical Panel advise me about treatment? 7 What will happen at the assessment? 7 What happens with Surveillance footage? 8 Will special tests be arranged? 8 What if I arrive late for the assessment? 8 What if the Medical Panel is running late? 8 How long will the assessment take? 9 What should I bring with me? 9 Will the Medical Panel contact my treating doctor? 9 What is expected of me? 10 Can I bring a friend or family member with me? 10 Can I bring a child with me? 10 Can I have an interpreter with me? 11 Who pays for the assessment? 11 What if I am dissatisfied with some aspect of the assessment? 11 Who receives the Medical Panel Determination? 12 When will I receive the Determination and Reasons? 12 What if I am dissatisfied with the Medical Panel Determination? 12 Where is the Medical Panels office? 13 Glossary 13 5

6 What will happen first? The Convenor of Medical Panels will nominate the doctors who will form the Medical Panel to consider the medical question. The Panel will assess whether the degree of your whole person impairment, resulting from the alleged injury in your claim, satisfies the prescribed threshold level. The Medical Panels office will notify you of the arrangements for you to attend a Medical Panel examination and will send you a copy of the list of all the material received with the referral. If you require copies of any material that has been provided to Medical Panels by the Respondent, please contact the Respondent directly in the first instance to obtain those copies. You should send to the Medical Panels office copies of any further material that you wish to place before the Medical Panel. If you are legally represented, the Medical Panels office will also send copies of all correspondence to your representative. Are Medical Panel doctors independent? Yes. The Medical Panel doctors are appointed by the Governor in Council and are independent. In addition, the doctors will not have previously treated or examined you (except for any prior Medical Panel examinations). 6

7 Can the Medical Panel advise me about treatment? No. The Medical Panel is not permitted to advise you on the treatment of your injury or condition. Their role is to make an independent assessment of your degree of impairment. What will happen at the assessment? A referral to a Medical Panel may involve you seeing one or more doctors either individually or jointly. The Medical Panel will ask you about the history of your injury and condition. This will be quite detailed, including information about your previous medical history or life experiences (especially for a psychiatric examination). The Medical Panel will invite you to comment on the material that has been provided to the Panel. In most cases the assessment will also include a physical examination. A thorough physical examination may require the Medical Panel to examine parts of your body beyond the immediate area of your injury e.g. your legs for a back injury. It is likely that you will be required to remove your clothing for the physical examination. You should endeavour to wear clothing and under garments that allow you to undress with ease for a physical examination. Gowns will be provided. Nursing staff are available on request to assist where required and may be present during the examination. The Medical Panel may need to look at any X-rays, test results and hospital summaries that you bring, which have not already been provided as part of the referral. 7

8 What happens with surveillance footage? The Medical Panel will be required to view any surveillance footage with you during the assessment (if appropriate to your referral). Therefore you should ensure that you have already sighted any surveillance footage prior to your attendance. Will special tests be arranged? The Medical Panel will check the tests that have already been completed by any other doctors you have seen, which have been made available to the Panel. Sometimes the Medical Panel may need to arrange for you to have additional X-rays or other basic investigations. If these are needed, the Medical Panel will arrange this with your treating doctor, with your consent. What if I arrive late for the assessment? If you arrive late, the Medical Panel appointment may be cancelled, and another appointment may need to be arranged at a later date. Allow plenty of time to get to the place of appointment. If you have any doubt about how to get to the appointment, contact the Medical Panels office. Staff can help you with directions and details of public transport. If you think you are going to be late, please call our office well in advance. What if the Medical Panel is running late? The Medical Panel is expected to see you on time, but may be held up by a medical emergency or unexpected work. If you are able to wait, you will be seen as soon as possible. If not, another appointment will need to be arranged. 8

9 How long will the assessment take? It normally takes between 30 and 90 minutes. The time will depend on the complexity and nature of your injury. This may be the first time the Medical Panel has seen you, so a full history of your injury and condition will be taken and a thorough examination will be required. What should I bring with me? You should bring any X-rays, scans and investigation reports that may help the Medical Panel assess your condition. You should ask your treating doctor which tests may be relevant. These may include: X-rays, CT scans, and the radiologist s reports that go with them. These should normally be available from your treating doctor or the X-ray department where the X-rays were taken; reports or results of any blood tests, urine tests, biopsies, cardiographs, EMGs or other special tests; any hospital summary of your injury, diagnosis and treatment. You should contact the Medical Panels office if you are unable to obtain a test result or report that you believe should be considered by the Medical Panel. If the Medical Panel considers that the test result or report is relevant, you will then be asked to sign a consent form. This will be used to obtain the test result or report. Will the Medical Panel contact my treating doctor? The Medical Panel may need to contact your treating doctor, but only with your consent. 9

10 What is expected of me? We understand that you may be going through a difficult time during your current circumstances. However it is asked that your conduct at Medical Panels be courteous at all times during and following the Panel examination. A Panel examination may be suspended if your conduct is deemed unacceptable. Can I bring a friend or family member with me? Generally, a Medical Panel will allow a friend or family member to attend during a physical examination for support or to assist with dressing and undressing. If you are a person under disability you are entitled to have another person present at the examination to represent you. If you need to discuss this, contact the Medical Panels office. If you are not a person under disability a friend or family member who attends an examination with you will not be allowed to speak on your behalf or interpret. Examinations with a psychiatrist are usually held in private due to the personal and private nature of the questions. There may be exceptions to this if you are a person under disability. Can I bring a child with me? You should not bring children to a Medical Panel assessment. Children in the examination room can distract the Medical Panel, and divert your attention from the assessment. It is best to arrange for care of young children well in advance of the assessment. If you do bring children with you, the assessment may need to be postponed. Medical Panels does not provide child minding facilities. If it is unavoidable that a child comes with you, another person must attend with you to supervise the child while you are in the examination room. 10

11 Can I have an interpreter with me? If you need an interpreter, a qualified professional interpreter will be arranged for you. An interpreter will attend each assessment. A friend or family member is not allowed to act as your interpreter during an assessment. The letter notifying you of your Medical Panel appointments will advise you of arrangements for an interpreter. If you have any questions concerning the arrangements for an interpreter, contact the Medical Panels office. Who pays for the assessment? The cost of your assessment is paid by the respondent. This includes any reasonable transport arrangements for attending the Medical Panel. Please keep receipts and contact the respondent directly for reimbursement of travel costs. If required, the Medical Panels office can provide you with a Certificate of Attendance. What if I am dissatisfied with some aspect of the assessment? If there is anything at all that worries you about the assessment, tell the Medical Panel. If for some reason this is not possible, or you are not happy with what you ve been told, you can contact the Medical Panels office. Complaints about aspects of Medical Panel assessments should be directed in writing to: The Convenor Medical Panels GPO Box 2709 Melbourne

12 Who receives the Medical Panel Determination? A copy of the Medical Panel Determination and Reasons will be forwarded to the claimant, the claimant legal representatives and the respondent legal representatives. When will I receive the Determination and Reasons? The Determination and Reasons will be released to relevant parties within legislative timeframes. These timeframes can be extended if additional information is required or received during the course of the referral. What if I am dissatisfied with the Medical Panel Determination? You should seek legal advice. The Determination of a Medical Panel on a medical question must be accepted by a Court dealing with your claim. The law does not allow a Medical Panel to review its Determination unless by order of the Supreme Court. A Medical Panel has the status of a Tribunal. Therefore it is inappropriate for the Convenor of Medical Panels or any member of a Medical Panel to enter into correspondence with any party concerning a Medical Panel s Determination or Reasons. 12

13 Where is the Medical Panels office? The Medical Panels office is located at Level 18, 460 Lonsdale Street, Melbourne. Most examinations are conducted here. Please refer to the map at the end of this brochure for location, public transport, and parking information. You should check your appointment letter to confirm the venue of your assessment. Glossary Convenor The Convenor of Medical Panels is the head of the organisation and is appointed by the Minister. Governor in Council The Governor in Council is a body that comprises the Governor of Victoria as Chair and members of the Executive Council (including the Premier and Ministers). Claimant A Claimant is the party who makes a claim against the Respondent/s. Respondent A Respondent is a party against whom a claim is made. Whole person impairment This defines the medical rating of permanent impairment in an assessment. Threshold impairment level The level of impairment which must be reached in an assessment. Person under disability A worker who is incapable of managing their affairs in a referral due to a physical or mental condition. This includes a minor. 13

14 FLAGSTAFF RAILWAY STATION LA TROBE ST Magistrate Court LONSDALE ST SPENCER ST KING ST BOURKE ST SOUTHERN CROSS RAILWAY STATION COLLINS ST FLINDERS ST The Medical Panels office is located at Level 18, 460 Lonsdale Street, Melbourne. Please note this map is not to scale

15 FLAGSTAFF RAILWAY STATION LA TROBE ST County Court MEDICAL PANELS OFFICE Level Lonsdale St Clearway from 4pm Magistrate Court LONSDALE ST WILLIAM ST Supreme Court SPENCER ST QUEEN ST KING ST ELIZABETH ST WILLIAM ST BOURKE ST SOUTHERN CROSS RAILWAY STATION COLLINS ST FLINDERS ST FLINDERS ST RAILWAY STATION Tram Stops Tramlines

16 Level 18, 460 Lonsdale St, Melbourne, Vic 3000 GPO Box 2709, Melbourne, Vic 3001 DX 116 Melbourne Phone: (03) Fax: (03) Toll free: Website: medicalpanels.vic.gov.au Business Hours 8:45 am to 5:00 pm, Mon to Fri WSV640/05/06.15 June 2015