Q&As

Are medical agency fees recoverable in personal injury claims?

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Published on LexisPSL on 14/09/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Are medical agency fees recoverable in personal injury claims?

The procedural steps in relation to obtaining medical evidence can be found in the relevant pre-action protocol which applies to the claim. For further guidance on the different personal injury pre-action protocols, see: Personal injury protocols—overview.

For example, if the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA Protocol) applies, then the provisions for obtaining medical evidence are paras 7.1–7.8B.

CPR 45.19(2)(a)(ii) provides that in a claim to which either the RTA Protocol or the Pre-action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims applies, the

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