Psychiatric personal injury expert witness in Scotland
A psychiatric personal injury report answers the questions a Scottish court needs answered about the mental consequences of an accident: what disorder, if any, the pursuer has, whether the accident caused or materially contributed to it, how long it is likely to last, and what treatment is required. I am instructed by pursuer agents, by defender agents and by insurers, and the opinion is prepared to the same standard whichever party instructs.
Most instructions arise from road traffic accidents, accidents at work, assaults at work, public liability incidents and workplace exposure. Reports are prepared for actions in the sheriff court and in the Court of Session.
What I can advise on
- Whether the pursuer meets diagnostic criteria for a recognised psychiatric disorder under ICD-11 or DSM-5, and which.
- Whether the index accident caused, materially contributed to, or accelerated that disorder.
- The relationship between physical injury, pain and psychiatric symptoms.
- Prognosis with and without treatment, and the period over which symptoms are likely to resolve.
- The treatment reasonably required, its duration, and the basis for costing it.
- Effect on capacity to work, to retrain and to carry out domestic and social activities.
- The influence of pre-existing psychiatric history, and apportionment between accident and constitutional factors.
- Where the evidence raises it, consistency of the presentation, exaggeration and factors relevant to reliability.
Where a question falls outside general adult or addiction psychiatry — neuropsychological testing, for example, or orthopaedic causation — I say so and recommend the appropriate discipline rather than stray beyond my expertise.
Typical instructions
- Road traffic accident with continuing travel anxiety
- A pursuer with modest orthopaedic injury who has not driven since the collision, whose GP records show sertraline started three weeks after the accident. The question is whether this is post-traumatic stress disorder, an adjustment disorder or a specific phobia, and what treatment and prognosis follow.
- Accident at work with pre-existing depression
- A pursuer with a recorded history of depressive episodes before the accident. Defender agents seek an opinion on apportionment: what proportion of the current presentation is attributable to the accident and what would probably have occurred in any event.
- Assault on a member of staff
- An employee assaulted by a member of the public who has not returned to work eighteen months later. The instruction addresses diagnosis, fitness for the pre-accident role, the prospects of return with adjustment, and treatment costs.
- Late-instructed report before a fixed diet of proof
- A case where a proof date is already assigned and a psychiatric report is required to complete the schedule of damages. Availability is confirmed before the instruction is accepted, so no deadline is accepted that cannot be met.
What the report includes
The report follows the structure expected of expert evidence in the Scottish courts: instructions received, documents considered, background and personal history, account of the index event, symptoms and their course, mental state examination, past psychiatric and medical history, and a reasoned opinion section that answers each numbered question in the letter of instruction.
Where the records and the examinee's account differ, the difference is set out rather than smoothed over, and the opinion states which account is relied on and why. Where more than one view is tenable on the medical evidence, the range of opinion is given together with the reasons for the view preferred.
The report closes with a statement of truth and a declaration that the duty to the court overrides any duty to the instructing party, in accordance with the Royal College of Psychiatrists' guidance on expert evidence and the relevant court rules.
Timescales and format
Appointments are normally offered in Greater Glasgow, at an agreed venue elsewhere in Scotland, or by secure video where that is clinically appropriate for the individual. Assessment usually takes between 90 minutes and two hours.
Report turnaround runs from receipt of the complete records, not from the date of instruction: [CLIENT TO CONFIRM: X weeks]. Where a diet of proof is fixed, confirm the date at enquiry stage so availability can be checked first.
Supplementary reports on further records, joint reports with the opposing expert, consultation with counsel and attendance at proof are all available. Fees and cancellation terms are set out under fees and timescales.
Frequently asked questions
- Do you accept instructions from both pursuer and defender agents?
- Yes. Instructions are accepted from pursuer agents, defender agents, insurers and medical defence organisations. A conflict check is carried out against all named parties before any instruction is accepted.
- Can the assessment be carried out by video?
- Often, yes. Remote assessment is suitable for many personal injury instructions and avoids travel for the examinee. Where the diagnostic question requires an in-person examination — for example where cognitive difficulties or a complex presentation are described — I will say so and arrange to see the person in Glasgow or at an agreed venue.
- What records do you need before the assessment?
- Full GP records, any hospital and psychology records, occupational health file where employment is in issue, the pleadings and any earlier medical reports. A report prepared without GP records will be qualified to that effect.
- Will you comment on whether the pursuer is exaggerating?
- Only where the instruction asks and the evidence supports comment. A psychiatrist can address the internal consistency of an account and its consistency with the records and observed presentation. Any opinion of that kind is expressed cautiously and with the reasoning shown.
- Can you attend a proof in Edinburgh or Glasgow?
- Yes. Diets should be reserved as early as possible so that clinical commitments can be arranged around them. Terms for attendance are set out under fees and timescales.
Related expertise
- PTSD and psychological trauma — Diagnosis, causation and prognosis in post-traumatic stress and adjustment disorders.
- Chronic pain and somatisation — Psychiatric opinion on chronic pain, somatic symptom disorder and medically unexplained symptoms.
- Anxiety and depression — Assessment of depressive and anxiety disorders arising from accident, assault or workplace events.
- Letter of instruction — model letter and the records to enclose
Instructing Dr Qureshi
Instructions are accepted from pursuer and defender agents, insurers, regulatory bodies and occupational health providers. A conflict check is carried out before any instruction is accepted.
Or call 07739 587092.