Challenging a medical report

HI ,I have just downloaded the Challenging a medical report, as there are so many factual incorrect statement and contridictions , that i am going though page by page as recomended by your brilliant site ,Apart from the report the EMP did not ask my permission for the examination ,which i just found out later that she was suppossed to as i thought the exam was compulsory ,Ignorance on my behalf .but in the download there is a part which says the EMP is suppossed to write in her report that she asked and permission was granted ,As i am waiting on reply from medical services regarding my formal complaint in regards to the EMP report i want to be 100% sure as there is no where in my copy of the EMP report of this , My name or national insurance no ,is nowhere on it either not even on the front page ,could someone please verify this as i dont want to say something that is not 100% fact ,, many thanks , letita

Hi Letitia,

Without sitting down and reading through the guide I can't recall everything that's in it. But we wouldn't have included the information if it wasn't correct at the time.

I think it's safe to assume that a doctor should always get permission before carrying out any kind of examination, though the fact that they didn't won't in itself invalidate their report.

If your name and NI number don't actually appear anywhere on the report then that also raises issues about how diligently the doctor carried out their job - it also raises the question of how they even know this is the correct report.

Good luck,

Steve

Could you use this guide - or parts of it to challenge an ESA medical report?

I've been looking through the guides but can't seem to find it. Could you send me a link. Sorry for the trouble.

-Marie

From Benefits and Work "Providing medical advice to the Decision Maker in DLA/AA: A Guide for Medical Advisers". You should seek the claimant's express permission before proceeding to carry out any physical examination that you deem to be necessary. It is vitally important that all doctors should understand that they must not assume consent. Explicit consent to the examination and its different parts must be obtained verbally from the claimant, and the fact that this has been done should be noted in the report. A suitable form of words would be along the lines of, "The details of the physical examination were explained to the claimant, who gave consent for the process to proceed."
Similar conditions are made by the GMC to doctors registered with them which includes the DWP “medical services” They also impose limitations on doctor/patient confidentiality, etc.. AdamAnt

I had a DLA medical at home on Christmas Eve, and requested a copy afterwards, which I've just checked.

My name and NINo are on the front page, and also at the top of every single page.

But there's no record of consent being asked or given - although I clearly recall having to sign a bit of paper right at the beginning of the interview. this must have been for consent, though I can't remember the specific question at that point - he certainly asked again for consent later when it came to the physical exam, but I didn't have to sign again.

Not sure if this helps you really. All the best with your complaint.

Elaine

Hi Marie,

The guide to challenging a medical report is in the DLA section of the Members area, but many of the principles would apply to ESA as well.

Adamant, thanks for finding that extract which clearly show the importance of doctors actually asking before they start to examine you.

Steve