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Insight MedicolegalInstruct

Frequently asked questions

Answers to the questions most commonly raised by instructing agents and examinees, grouped by stage of instruction. Where a fuller answer is needed, each entry links to the relevant page.

Instructing

Instructing

Who can instruct Dr Qureshi?
Instructions are accepted from solicitors and agents acting for pursuers or defenders, insurers, regulatory bodies and occupational health providers. A conflict check is carried out before any instruction is accepted. See instructing for the process, or send a letter of instruction to begin.
Does Dr Qureshi act for pursuers and defenders?
Yes, instructions are accepted from both sides of the record. The report reflects the evidence rather than the instructing party's position, consistent with the expert's overriding duty to the court described under instructing and reports.
What should a letter of instruction contain?
It should set out the parties, the nature of the claim, the specific questions to be answered and a list of enclosed records. A model letter and the records typically required are set out under letter of instruction.
How is a conflict check carried out?
The names of the examinee, the parties and their representatives are checked against current and recent instructions before acceptance. Any conflict is disclosed at that stage rather than after an assessment has taken place. Contact the practice to check availability and conflicts before instructing.
Which areas of psychiatric practice are covered?
Personal injury, clinical negligence, fitness to practise, capacity, employment, mental health tribunals, and criminal, family and immigration matters are all covered. The full range is listed under expertise, with a dedicated page for each area.
Where are assessments carried out?
Assessments are offered in Glasgow and at venues elsewhere in Scotland, and by secure video link where that is appropriate to the examinee and the questions asked. Locations and travel arrangements are set out under locations.

Fees

Fees and timescales

How much does a report cost?
Fees depend on the complexity of the instruction, the volume of records and whether attendance at court or tribunal is required. Fees are [CLIENT TO CONFIRM] and quoted on acceptance of instructions; see fees and timescales for the fee structure.
How long does a report take?
Turnaround from receipt of full instructions and records to delivery of the report is [CLIENT TO CONFIRM], with expedited timescales available where a diet is imminent. Current timescales are confirmed on instruction and set out under fees and timescales.
Is payment required in advance?
Payment terms are [CLIENT TO CONFIRM] and are confirmed in writing before an instruction is accepted. Terms for cancellation and for attendance at proof are dealt with separately; see fees and timescales.
What is charged for attendance at proof or tribunal?
Attendance is charged separately from the report fee, on a daily or half-daily basis with cancellation terms for diets vacated at short notice. Figures are [CLIENT TO CONFIRM]; see fees and timescales and court and tribunal attendance below.
Can an expedited report be arranged?
Yes, where a diet or tribunal date makes the standard timescale impracticable. An expedited turnaround is agreed at instruction stage and may carry an additional fee, both [CLIENT TO CONFIRM]; see fees and timescales.
Are costs recoverable from the other side?
That is a matter for the instructing agent and depends on the court, the outcome and any award of expenses; it is not something the expert determines. Agents should raise recoverability with the instructing solicitor before commissioning a report; see fees and timescales for the fee basis.

Assessment

The assessment

What happens during the assessment?
The assessment is a clinical interview covering personal, family, medical and psychiatric history, the examinee's account of the index events, and a mental state examination, followed by a discussion of records already reviewed. The full structure is set out under the assessment.
How long does the assessment last?
Most assessments last between ninety minutes and three hours, depending on the complexity of the history and the number of questions to be addressed. Timing and format are described under the assessment.
Can the assessment be carried out by video link?
Yes, remote assessment by secure video link is available where appropriate to the examinee, the questions posed and the jurisdiction, though an in-person assessment is preferred for more complex matters. See the assessment and locations for the options.
Can an interpreter or a support person attend?
An interpreter can be arranged where English is not the examinee's first language, and this should be flagged at instruction so that it is booked in advance. A support person may attend by agreement but does not usually remain in the room during the clinical interview. See the assessment for further detail.
What should the examinee bring or be told in advance?
The examinee should be told who has instructed the assessment, that it is not a treatment appointment, and that the resulting report is not confidential to them. Photographic identification and any relevant medication list should be brought; see the assessment for the full guidance given to examinees.
What if the examinee does not attend or is unwell on the day?
Non-attendance and late cancellation are treated in accordance with the terms confirmed at instruction, and a cancellation fee may apply. Where an examinee is too unwell to proceed, the assessment is rearranged rather than completed in an unreliable condition; see the assessment and fees and timescales.

The report

The report

What does the report cover?
A standard condition and prognosis report covers history, the examinee's account, mental state findings, diagnosis, causation, treatment needs and prognosis, and closes with direct answers to the questions posed. The full structure is set out under reports.
What is the difference between a supplementary report and an addendum?
A supplementary report revisits the original opinion in light of further records, an updated schedule of damages or an opposing report, while an addendum deals briefly with specific further questions without reworking the whole document. Both are described under reports.
What is a joint report and when is it used?
A joint report follows a discussion between the instructed experts and records the matters agreed, the matters not agreed and the reasons for any difference. It is usually the most efficient route to settlement or to a focused proof, and is explained further under reports.
Can the report be amended after it is issued?
The report can be revisited by way of a supplementary report or addendum if new records or questions arise, but the underlying opinion is not altered to suit either party. Any factual error identified after issue is corrected by way of a formal addendum; see reports.
Who does the report belong to and who can see it?
The report is prepared for the instructing party and the court or tribunal to which it is directed, and is not confidential to the examinee, who is told this before the assessment. Further disclosure is a matter for the instructing agent; see the assessment and reports.
Can a preliminary or screening opinion be obtained before a full report?
Yes, a short written screening opinion on the merits of a psychiatric claim can be provided before a full assessment is commissioned, where that would save cost on a marginal case. This option is described under reports, and fees are [CLIENT TO CONFIRM].

Court

Court and tribunal attendance

Does Dr Qureshi give evidence at proof?
Yes, attendance to give evidence at proof in the sheriff court and the Court of Session is available and is arranged once a diet is fixed. Consultation with counsel beforehand can also be arranged; see reports and fees and timescales for the terms.
Which tribunals does Dr Qureshi appear before?
Appearances are made before the Employment Tribunal, the Mental Health Tribunal for Scotland and regulatory hearings such as those of the GMC and other professional bodies. The relevant areas of practice are listed under expertise.
How far in advance should a diet be reserved?
Diet dates should be reserved as early as possible once fixed, ideally at the point a proof or hearing is assigned, since availability cannot be guaranteed at short notice. Terms for attendance and cancellation are set out under fees and timescales.
What happens if a proof is discharged or a diet is vacated at short notice?
A cancellation fee may apply where a reserved diet is vacated at short notice, on the terms confirmed at instruction. Agents should notify the practice as soon as a discharge is known; see fees and timescales for the applicable terms.
Is evidence given remotely or in person?
Evidence is given in whichever format the court or tribunal directs, including by video link where that is permitted for the diet in question. This is confirmed with the instructing agent once the mode of hearing is known; see locations for remote arrangements.
Can Dr Qureshi meet with counsel before proof?
Yes, pre-proof consultations with counsel are available to discuss the evidence, likely lines of cross-examination and any joint report reached with the opposing expert. These are arranged and charged in the same way as other professional time; see fees and timescales, or contact the practice to arrange one.

Instructing

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.

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