Personal injury lawyers have been reminded they cannot allow client examinations to be carried out in their offices. MedCo, the organisation used to source medical report providers in low-value claims, has issued new guidelines for how examinations must be administered.

The rules remove any reference to the use of remote examinations which were put in place during Covid, and add the caveat that clients must always be assessed in an appropriate setting.

‘Examinations must take place in locations that are confidential, private, safe, secure and regarded as a professional environment,’ said MedCo. ‘The examination location must be neutral and examinations should never take place at the offices of the instructing party or any other premises belonging to the instructing party.’

The Gazette understands there has been one issue raised by a defendant about medical checks being carried out on law firm premises, although there is no suggestion that it is a trend.

Best practice for consultations is regarded as a clinic, GP practice or medical centre, although hotel confererence/meeting rooms, appropriate private consulting rooms and some offices are acceptable. Hotel bedrooms, commercial premises and homes without medical facilities are not allowed.

The updated guidelines state that medical experts cannot carry out any more than 35 examinations in a day, with a minimum of 15 minutes spent face-to-face with a claimant.

These figures are guidelines only and MedCo acknowledges that some experts may want to allocate more than 15 minutes to an appointment or may consider 35 a day to be too many. The figure of 35, it is made clear, ‘should not be regarded as a target’.

MedCo agrees to the use of questionnaires, but areas such as injuries sustained, any treatment received or the impact on work, lifestyle and daily activities should be checked over face-to-face.

The MedCo system was introduced in 2015 as part of a package of reforms to reduce the cost of claims. Its importance went up a notch in 2021 when the Civil Liability Act required that all claims must be accompanied by a medical assessment.