When you suspect that something has gone wrong with a medical treatment, an expert investigation can help to clarify. This research plays a central role in medical liability cases: it determines whether there is a medical error, and if so, whether that error has also led to your damage.

In this blog, we explain what expert research involves, how the process works and what you as a patient need to pay attention to.

What is an expert investigation?

An expert investigation is an independent medical examination conducted by a specialist who was not involved in the treatment.
Its purpose is to assess — based on the medical data ​​and sometimes a physical examination — whether the doctor or healthcare provider has acted according to the professional standard.

Such an investigation can be conducted:

• At the request of the insurer, when there are doubts about liability;

• At the request of the victim’s lawyer, to substantiate the claim;

• Or by the court, when parties disagree about the medical facts.

When is an expert investigation initiated?

An expert investigation is particularly important when:

• There is a dispute about what exactly happened;

• The question arises whether the injury is a complication or an avoidable error;

• The consequences of the injury are long-lasting or permanent;

• Or there is uncertainty about recovery and limitations.

In many cases, the expert report forms the decisive factor for establishing liability.

Also read our blog Medical error or complication: what is the difference and when is the doctor liable? for a better understanding of this distinction.

Who chooses the expert?

The choice of the expert is made in consultation between the parties. In many cases, both parties propose a list of potential specialists, after which one is chosen jointly.
If the parties cannot agree, the court can appoint an expert from the official register of judicial experts (NRGD).

Note: the expert must be completely independent. This means that he or she must not have any interest in the outcome of the investigation.

How does an expert investigation proceed?

The process usually proceeds in different phases:

1. Preliminary research and question formulation
   First, the relevant medical records are collected. Then the research questions are formulated — usually in consultation between the lawyers and the expert. These questions, for example, address:

   • What was the diagnosis and treatment?

   • Were the applicable guidelines followed?

   • Could the injury have been prevented?

   • What are the health consequences for the patient?

2. Review and response
   Both parties are given access to the question formulation and can submit comments. Only then does the expert start work.

3. Investigation by the expert
   The expert studies the dossier, possibly conducts a physical examination, and produces a preliminary report.

4. Comment round
   Parties may comment on this draft report (the so-called “view”). The expert incorporates these responses into the final report.

5. Final report
   The final report is issued to both parties — or to the judge, in the case of a court investigation.

How independent is an expert investigation?

An expert investigation must be objective. The expert is obliged to work according to the Guideline for experts in civil cases, which states that:

• the expert must treat both parties equally;

• must be transparent about the information used and research methods;

• and must always justify how he or she arrived at the conclusions.

If there are doubts about the impartiality of an expert, your lawyer can object or request a counter-expertise.

What if you disagree with the outcome?

If you disagree with the report, there are several options:

• You can have written commentary provided by your own medical advisor;

• You can have a counter-expertise conducted by another expert;

• Or, in the case of a court investigation, your lawyer can ask the judge to appoint a second expert.

A well-founded response can significantly influence the value of the report, especially if it appears that the first expert overlooked certain aspects.

Costs of an expert investigation

The costs vary per case and are often advanced by one party.
In a court investigation, the judge determines who pays the costs.
In most cases, the costs are eventually recovered from the liable party, especially if the error is established.

At Arslan Advocates, we ensure that clients do not pay these costs themselves.

The role of your lawyer

An expert investigation is legally and medically complex. Your lawyer therefore plays an important role:

• He ensures that the correct questions are asked to the expert;

• He checks whether the investigation is carried out according to the rules;

• And he assesses with the medical advisor whether the report is fully and logically structured.

An experienced personal injury or medical liability lawyer knows exactly where the pitfalls lie — and how you can protect yourself against them.

More about the collaboration between doctors and lawyers can be found in Medical advice in personal injury: what does a medical advisor do exactly?.

Why Arslan Advocates?

At Arslan Advocates we guide clients in every phase of the expert investigation.
We ensure that you well-prepared for the investigation, that your interests are safeguarded, and that the report is properly used when claiming compensation.
Our service is free of charge for victims, as we recover our costs from the liable party.