Medico-legal psychiatric reports
A medico-legal psychiatric report is written for the court, tribunal or regulator, not for the party paying for it. It must show its working: what was read, what was said, what was observed, and how the opinion follows from those things. A report that states a conclusion without exposing its basis cannot be tested, and carries little weight at proof.
The expert's overriding duty
The duty to the court overrides any obligation to the instructing party. Every report contains an express declaration to that effect, confirms that the opinion is within Dr Qureshi's area of expertise, and records where the opinion is provisional or where a range of reasonable opinion exists.
Reports are prepared in accordance with the rules of the relevant Scottish court or tribunal and with the guidance of the Royal College of Psychiatrists on the preparation of medico-legal reports and on acting as an expert witness. Where an instruction relates to England and Wales, compliance with CPR Part 35 is confirmed separately at instruction stage.
Where the evidence does not support the instructing party's position, the report says so. That is the point of an independent report, and it is why instructions are accepted from pursuer and defender agents alike.
Structure of the report
- 1. Instruction and questions
- Who instructed the report, the party represented and the questions posed, quoted in full.
- 2. Expert's qualifications
- Training, registration, specialist register entries and medico-legal experience.
- 3. Declaration of duty
- The overriding duty to the court, independence and the absence of any conflict.
- 4. Material relied upon
- Every record read, with dates and page counts, and any material still outstanding.
- 5. Assessment details
- Date, venue, duration, who was present, consent, and any interpreter.
- 6. History
- Personal, family, medical, psychiatric, substance use, forensic and occupational history.
- 7. Account of the index events
- The examinee's account, kept separate from the documented record.
- 8. Mental state examination
- Findings on examination at the date of assessment.
- 9. Diagnosis
- Diagnosis by reference to ICD-11 or DSM-5, with the criteria applied.
- 10. Causation
- The position with and without the index events, and any material contribution.
- 11. Treatment and prognosis
- Treatment received, treatment recommended, cost, duration and expected outcome.
- 12. Answers to the questions
- Each question answered directly, in the order asked.
- 13. Statement of truth and signature
- With the date of the report and any range of opinion recorded.
Reports are numbered at paragraph level throughout, so that passages can be referred to in adjustment, in consultation with counsel and in cross-examination.
Types of report available
Condition and prognosis report. The standard civil report: diagnosis, causation, treatment needs and prognosis, answering the questions in the letter of instruction.
Supplementary report. Issued where further records, an updated schedule of damages or an opposing report requires the original opinion to be revisited.
Addendum. A short document dealing with specific further questions or with records that arrived after the report was issued, without reworking the whole report.
Joint report. Following a discussion with the opposing expert, a joint statement records the matters agreed, the matters not agreed and the reasons for the difference — usually the most efficient route to settlement or to a focused proof.
Screening or preliminary opinion. A short written view on the merits of a psychiatric claim before a full assessment is commissioned, where that would save cost.
Consultation, proof and tribunal attendance
Consultations with counsel, pre-proof meetings and attendance to give evidence at proof, at the Employment Tribunal, at the Mental Health Tribunal for Scotland and at regulatory hearings are all available. Diet dates should be reserved as early as possible; terms for attendance and cancellation are set out under fees and timescales. Areas of practice are listed under expertise.
Frequently asked questions
- Is a draft report provided before it is finalised?
- No draft opinion is circulated for comment on the substance of the report, since that would compromise independence. Factual corrections — dates, job titles or record references — can be raised before the report is finalised; substantive additions follow the addendum route described under types of report available above.
- How are clarifying questions dealt with?
- Clarifying questions raised after a report is issued are usually answered by a short addendum rather than a fresh report, keeping the additional work proportionate to the point raised. Fees for this work are charged in line with the terms set out under fees and timescales.
- Can a report be prepared without examining the person?
- A full condition and prognosis report requires an assessment of the examinee, whether in person or by secure video link. A records-only screening opinion can be provided on the limited basis described under types of report available, but it is not a substitute for a full report; see the assessment for the format options.
- What diagnostic framework is used?
- Diagnoses are made by reference to the current edition of ICD-11 or, where the instruction or forum requires it, DSM-5, with the specific criteria applied set out in the report so the diagnosis can be checked against the history and mental state findings recorded. See structure of the report above.
- How is apportionment for pre-existing conditions approached?
- Where a pre-existing vulnerability or prior psychiatric history is identified, the report addresses the position the examinee would likely be in had the index events not occurred, and distinguishes any contribution made by unrelated factors. The basis for that assessment is set out explicitly under causation in the report structure above.
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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