Before instructing a medical reporting organisation: five questions solicitors should ask

The way medical evidence is commissioned, invoiced and justified is changing.

For personal injury and clinical negligence solicitors, the issue is no longer simply whether a medical reporting organisation can obtain a suitable report. The more important question is whether the process is transparent, proportionate and capable of being explained if the cost is later challenged. Before instructing a medical reporting organisation, solicitors may wish to ask five practical questions.

1. Will I see the expert’s original fee note?

A transparent process should make clear what the expert has charged and what the reporting organisation has charged for administration. If those two elements are bundled together, it can become harder to explain the true cost of obtaining the report. It may also make the invoice more vulnerable to challenge on assessment.

At MedMost, we do not mark up experts’ fees. We provide the expert’s fee note and charge our administration fee separately, so the solicitor can see exactly what has been charged and why.

2. Is the administration fee clear and proportionate?

There is real work involved in obtaining a good report. Records must be reviewed and collated, the correct expert must be identified, instructions must be managed, deadlines monitored, and the final report checked. That work has a cost. The important point is that the cost should be visible, proportionate and capable of explanation. A clear administration fee is easier to justify than a hidden or unexplained margin.

3. Is the expert right for the pleaded issues?

Choosing an expert is not simply a matter of finding someone with an impressive title.

The expert must have the right clinical background, current or recent relevant experience, and the ability to address the specific issues in dispute. In clinical negligence cases, that may include breach of duty, causation, condition and prognosis. In personal injury claims, it may include injury mechanism, causation, treatment, recovery, prognosis and future needs.

A good medical reporting organisation should be able to explain why a proposed expert is suitable for the questions being asked.

4. Is the report checked for CPR compliance and completeness?

A report may be written by an excellent clinician but still cause problems if it does not answer the questions in the letter of instruction or does not meet the expected format for expert evidence. Common avoidable issues include unclear reasoning, failure to deal with causation, missing assumptions, inadequate conclusions, or failure to address all questions asked. At MedMost, reports are checked before release so that obvious omissions or compliance issues can be picked up early.

5. Will the process help me avoid delay?

Delay often arises before the expert ever starts writing: missing records, unclear instructions, wrong specialty, unsuitable expert availability, or poor communication.

Solicitors should ask how the reporting organisation manages records, expert availability, updates and turnaround times. A faster report is useful, but a properly managed report is more important. The aim should be to obtain evidence that is timely, complete and defensible.

A more transparent model

MedMost was built around a simple principle: solicitors should be able to see what the expert has charged, what MedMost has charged, and what work has been done. We arrange medical reports for personal injury and clinical negligence claims across a wide range of specialties. We do not add hidden mark-ups to expert fees. We provide the expert’s fee note. Our administration fee is clear, separate and capped.

For solicitors, that means a more transparent process from instruction to invoice.