Procuring Medical Evidence for Injury Claims: Lawyer Perspectives


Procuring Medical Evidence for Injury Claims: Lawyer Perspectives

Room 609, Level 6
Melbourne Law School
185 Pelham Street


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Medical expert evidence is central to creating and resolving disputes in injury claims. It can strengthen, legitimate or undermine claims about how injuries happened, their lasting impacts, and the credibility of injured claimants. The process of procuring this evidence can exacerbate adversarialism’s worst by-products: delay, cost and negative claimant experiences.

In 2016 Victoria’s Transport Accident Commission (TAC) implemented a Joint Medical Examinations (JME) policy to address the negative impacts of medical examinations. The TAC engaged the Australian Centre for Justice Innovation to evaluate the policy through focus groups and interviews with TAC staff, plaintiff lawyers, clients and medical examiners.

Associate Professor Grant discusses findings from interviews with plaintiff lawyers about their role and responsibilities in connection with the procurement of medical evidence in injury claims. It explores how and why lawyers select experts for claims, the relationship of these practices to the rise of ADR, and their impact on both the market for expert witnesses and claimants’ experiences.

This Health Law and Ethics Network (HLEN) seminar is co-hosted with Civil Justice Research Group (CJRG) at Melbourne Law School.

A light lunch will be available from 12:45 pm.


  • Associate Professor Genevieve Grant