A care provider is liable when it fails to act as a reasonably competent and careful professional. To claim compensation you must show a breach of that standard, damage, and a causal link (Article 6:162 of the Dutch Civil Code). Because medical files are complex, an independent medical assessment is usually the decisive step.
For additional general information, see Government of the Netherlands information on patients’ rights and privacy.
When you suffer personal injury, the medical aspect plays a major role. To properly assess the severity of the injury, the limitations and the recovery, a medical advisor is often brought in. But what exactly does such an advisor do, who does he work for, and what does this mean for your case? In this blog, we explain it step by step.
What is a medical advisor?
A medical advisor is a physician who specializes in assessing medical information in personal injury cases. He or she translates medical data into a legal and insurance-law context.
The medical advisor does not look at liability, but at the medical substantiation of your damages: what happened medically, what are the consequences, and to what extent are they permanent?
The medical advisor thereby forms an important link between the treating physicians, the personal injury lawyer and the insurer.
When is a medical advisor brought in?
A medical advisor is often involved at an early stage, for example:
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as soon as your personal injury claim has been reported to the insurer;
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if there is doubt about the nature or severity of your injury;
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with persistent symptoms or permanent impairments;
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or when a dispute arises between doctors or insurers about the diagnosis or causality.
Also in medical liability cases, the medical advisor plays a crucial role. He then assesses whether the treatment was carried out in accordance with the professional standard and whether there may have been a medical error.
Read more about this in our blog Medical error or complication: what is the difference and when is the doctor liable?.
What does a medical advisor do specifically?
The duties of a medical advisor include, among other things:
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assessing the medical record, including GP reports, specialist letters and test results;
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analyzing the cause-and-effect relationship between the accident and the complaints;
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advising on when the injury “medically stable” is (the end state);
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assessing any permanent limitations or incapacity for work;
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advising on additional medical examinations or expert evaluations.
Based on this, the advisor prepares a medical advisory report on, which is used in determining the compensation.
Independent assessment
An important point is that in a personal injury case often two medical advisors are:
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one on behalf of the injured party (victim);
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and one on behalf of the liable insurer.
Both parties rely on the same medical file, but may assess it differently.
When opinions differ, an independent expert assessment can be carried out by a jointly chosen doctor.
What is in the medical opinion?
A medical opinion usually contains:
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a summary of your medical history;
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a description of the accident and the injury;
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an analysis of the symptoms, treatments and recovery;
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an assessment of the causal link between the accident and the injury;
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an assessment of recovery and the lasting limitations.
Based on this report, the personal injury lawyer can better substantiate the amount of your compensation.
How does the medical advisor obtain your data?
Your medical information is sensitive and may not be shared freely.
Therefore, written consent is always requested before your file is sent to a medical advisor.
You decide which information is provided.
Read more about requesting medical information in our blog Medical record: access, copy and correction.
Why is medical advice so important?
The medical advice is the basis for the calculation of damages.
Without a well-substantiated medical report, an insurer can dispute that your symptoms are due to the accident.
Expert and independent advice makes the difference between low and full compensation.
Moreover, the advice helps estimate future damages, for example if you can work less due to your injury or have permanent symptoms.
How does the collaboration with your lawyer work?
Your personal injury lawyer works closely with the medical advisor. The lawyer uses the advice to determine:
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which items of damage can be claimed;
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which additional examinations or expert evaluations are needed;
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and when a case can be concluded.
This collaboration results in a strong case file that is well substantiated both medically and legally.
You can read more about this in our blog How does the personal injury claims process work?.
When should you engage a medical advisor?
You do not have to do this yourself. If you are assisted by Arslan Advocaten, we will provide the right medical guidance and engage the medical advisor on your behalf.
We work exclusively with accredited and independent physicians who have experience with personal injury cases.
Why Arslan Advocaten?
At Arslan Advocaten we understand how important medical evidence is in personal injury.
Our specialized attorneys work together with expert medical advisors to fully substantiate your case.
We take care of everything for you — from requesting the file to submitting the claim.
Our legal assistance is free of charge, because we recover the costs from the liable party.
Frequently Asked Questions
What is the primary role of a medical advisor in a personal injury case?
A medical advisor assesses the medical aspects of your injury, translating medical data into the legal context to determine damages. They focus on the severity, consequences, and permanence of your injury, not liability.
When should I involve a medical advisor in my personal injury claim?
A medical advisor is typically involved early in the process, especially if there is doubt about the injury’s severity, persistent symptoms, or disputes between doctors and insurers. They may also be consulted in cases of medical liability.
What kind of information does a medical advisory report include?
The report generally contains a summary of medical history, details of the injury, analysis of symptoms and treatments, and an assessment of the causal link and permanent limitations, which helps determine compensation.
Can there be different medical opinions in a personal injury case?
Yes, often there are two medical advisors—one for the injured party and one for the insurer—who may have differing assessments. An independent expert can be consulted if their opinions conflict.
