AAMLPs Position Statement on Independent MedicoLegal Opinions

As an organisation dedicated to promoting the highest standards of ethics and professionalism in the medicolegal industry, the AAMLP strongly advocates for the use of impartial and unbiased medicolegal assessments, due to their pivotal role in ensuring the integrity of the legal process.

Medicolegal opinions are central to resolving a wide range of legal matters, including civil litigation, criminal cases, and insurance claims. These opinions rely on the expertise and experience of qualified individuals to provide insights, interpretations, and evaluations of medical and scientific evidence related to cases.

The AAMLP recognizes and advocates for the following principles regarding independent medicolegal opinions:

• Neutrality and Objectivity: Independent medico-legal opinions must be completed impartially and without bias. Experts should adhere to the highest ethical standards and strive to provide objective assessments that serve the interests of justice rather than any particular party.

• Evidence-Based Analysis: Opinions must be grounded in scientific evidence, validated methodologies, and established best practices. Experts should use their expertise to analyse data and facts accurately, without distortion or misrepresentation.

• Transparency: The medicolegal expert's qualifications, methodologies, and potential conflicts of interest should be disclosed to all relevant parties. Transparency builds trust and ensures the credibility of their opinions.

• Access to Diverse Expertise: The AAMLP promotes access to a diverse pool of medico-legal experts with varying specialties, backgrounds, and perspectives. This diversity enriches the decision-making process and fosters more comprehensive and equitable outcomes.

• Peer Review and Accountability: Medicolegal associations, legal institutions, and licensing bodies should establish mechanisms for peer review and oversight to maintain the quality and integrity of medico-legal opinions.

• Protection from Outside Influence: Experts should be shielded from external pressures, including intimidation, coercion, or any attempts to influence their opinions. Ensuring their independence is essential to maintaining the integrity of the medico-legal process.

• Education and Training: The AAMLP encourages continuous education and training in medico legal matters for both healthcare professionals and legal practitioners to enhance their understanding of practice.

• Multiple Medicolegal Opinions: The AAMLP encourages the use of multiple medicolegal opinions at both the liability and impairment assessment stages of the claim, with each opinion coming from a separate source. The reason for this is that medicine is not an exact science and a judge, or court, should always have two opinions to consider when making a judgement. This also helps to ensure that bias does not play a role throughout the process, as well as giving the claimant agency throughout the process through access to their own choice of specialist.

  Fee Fairness: The AAMLP advocates for timely access to Independent Medical Examinations (IMEs). One of the main drivers of access to IMEs, amongst other things, is fee fairness. The fees that many specialist doctors receive, especially in psychiatric reports, are not commensurate with the market for their expertise. The impact of slow access to IME’s is not conducive to RTW objectives. Ultimately, scheme outcomes are then challenged, resulting in increased premiums.