09 Mar 2015

A question about : Medical negligence-2nd Expert opinion(radiologist/oncologist),can they be from abroad

Online service - Abroad medical experts?

In negligence cases, medical experts opinions (radiologist, or oncologist) are needed.

There are many 'online' services/companies of professional experts,

where you can send your XRAY image by email to, and the professional oncologist /radiologist from a different country (USA for example) can check it, and give you a report in under 1 week, (for a price)

For negligence cases, which go through the courts, would it be 'fine' to use these reports from 'online experts' as proof to show negligence? (compared to a UK negligence specialist)

or the court could possibly say no, that cannot be used, as it is not a specialist in the UK

or the defendant (Hospital) could argue, that they are Not a specialist in the UK

Added:

This is how them online companies work

You get your Xray image (from when you attended a UK clinic)

you find an online opinion specialist,

You upload this Xray image on their site, (or email it to them)

The abroad professional receives this xray, then assesses it, and checks the Xray for any thing, abnormal, or anything which needs to be pointed out.

They do a report on the findings

you pay them online, and they send you their professional report over

Submitting evidence in a Uk court?
If it came, that the abroad expert, had to come visit the UK to speak in court, then we would consider paying the costs of travel + accommodation.

I suppose the option of this abroad report, of 'finding something' to use as evidence, in their report,

than can 'this report' can be handed to a UK expert, and they can do a similar report, so we have 2 reports?

Note: the Xrays and report of the patient, is of a patient who is a deceased, so their 'past' records would are the ones to be examined, to be seen if anything can be found on them images to see if anything could have been done to save.

(I don't want to go in too much detail on this part), but mainly the question is about using an online experts opinon/report.

Even if you can point things out, and possible pitfalls it would be appreciated,

Cheers everybody title=Smile

Best answers:

  • If someone makes a claim for negligence they need to prove that negligence has taken place. The problem with seeking online advice over the internet is can you need to prove the evidence is credible. You need to show that the witness is qualified and experienced to express the opinion, then you need to show that the evidence on which the witness expressed an opinion was the same evidence that related to the case and then there is a question of is it credible.
  • Some of the guidelines and treatment options available/acted upon are different in different countries.
    Using a non-UK specialist could open up an easy way to dismiss that expert opinion.
  • Might the court not decide that they want to cross examine that expert witness? Would he be willing to attend and who is paying his expenses?
  • I think an expert witness would need to know why the opinion was sought. Also interpreting an x-ray without the clinical information would be unlikely to be informative
  • The report can be used to kick start your evidence finding as suggested.
  • I'm struggling to recall his name, but a doctor used as the expert witness in Shaken Baby Syndrome (Roy???) was later discredited - too late for poor mothers that had been imprisoned and vilified. I have a feeling that after that, the protocol for 'expert witnesses' was changed and that you had to be on an approved list.
    Doing this online is completely out of the question as the witness has to be cross-examined in court (and his experience/credibility tested quite vigorously if need be).
  • It was Roy Meadow, SIDS, "salt death" & Munchausen by proxy evidence. He was struck off by the GMC.
    Both the GMC & BMA provide advice for expert witnesses in accordance with the GMC guidelines for good practice.
    Personally I would not consider online "expert witness" services if ever I needed such help.
  • Are you using a medical negligence claims firm/specialist solicitors to represent you?
    If so, then they will arrange to get copies of your x-rays and another doctor's opinion if necessary.
  • These things can also get settled out of court with an agreement even if an experts report would be used
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