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Public Hospital Liability

Medical Expertise

How to Obtain an Expert Opinion?

 

There are several types of expert opinions, including amicable/insurance expertises, private expertises, and judicial expertises.

 

1. Amicable/Insurance Expertise

 

An amicable expertise is generally initiated and funded by the insurance company, at the request (or not) of the victim.

 

Using this type of expertise can present several practical issues and may compromise your rights. Conflict of interest: There is inherently a conflict of interest when your legal protection insurance and the opposing insurance company agree to organize an amicable expertise for a potential settlement.

 

Why?

 

Because the goal of any insurance company is not to protect your interests, but their own. Moreover, in this context, the expert is chosen and paid by the insurer, so they may have an incentive not to be overly generous towards you, ensuring future work from the insurer.

 

Furthermore, if you’re lucky and offered assistance, it will likely be from a medical advisor chosen by your insurer, someone who works regularly for them. Additionally, if the expert chosen is not specialized, the quality of the expertise could be compromised. All these factors generally lead to a result that is not favorable to you.

 

The “free” expertise thus comes at a cost.

 

You should also be cautious before agreeing to an amicable expertise, because if it is considered valid and contradictory, the judge may refuse to grant a judicial expertise later.

 

2. Judicial Expertise

 

Judicial expertise is the means to obtain the most impartial expertise possible. In this case, the insurer has no say.

 

The expert will be appointed by a judge at your request, and the expertise will be carried out under the impartial control of the judge. You have the right to request that the expert be specialized in the relevant field, and you will have the opportunity to be represented by your medical advisor and lawyer.

 

Key Points:

• The expert’s fees are paid by the losing party at the end of the procedure. However, the expert will request an advance payment before the expertise takes place, unless fault is acknowledged, in which case the advance payment will be your responsibility (covered entirely by legal protection insurance or legal aid if applicable).

• Unlike the amicable expertise, your arguments will be considered and monitored by the judge. Conducting a judicial expertise does not exclude the possibility of a subsequent settlement.

 

Once the expertise is completed, it is entirely possible to request compensation from the opposing insurer without going back to court.

 

If accepted, a settlement can take place. The difference is that this time, you will have been defended and advised by a medical expert and lawyer of your choice, and the expertise carried out will have been as impartial as possible.

 

Conclusion:

• Amicable expertise is often quicker and more affordable but may not be impartial or favorable to the victim.

• Judicial expertise is more reliable, impartial, and legally binding, offering a stronger foundation for your case. Although it requires more time and upfront costs, it ensures that your arguments are properly considered and safeguarded by a neutral authority.

 

If you are dealing with a medical malpractice claim or any related injury, seeking judicial expertise is generally the best route to ensure you are properly represented and receive the compensation you deserve.

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