Flaws in the MedCo system and breaches by doctors and solicitors.
In April 2016, 45 MedCo users were suspended from the register. They were allegedly attempting to get around its random allocation of experts, which was is why it was implemented in the first instance. The idea was to give a fair and random allocation of experts to clamp down on fraudulent RTA claims.
36 of these offenders have now been reinstated after their conduct was resolved. However, the concern is that in the coming weeks more suspensions are to follow.
Examples of behaviour that results in suspensions concern firms manipulated the search function on the website in order to seek favourable experts and medical agencies. A Medco spokesperson has now stated that the function will be investigated and monitored closely to catch offenders as it constitutes a serious breach of the user agreement. Offenders have been suspended until they can demonstrate a change in behaviour that is in line with the original principles that were established when Medco was originally instated.
At this month’s Association of Personal Injury Lawyers conference, it was said that a number of firms undermined the government’s objectives and public confidence in the system itself. The subsequent response is that this behaviour is being considered as part of the MoJ’s recent Medco review.
This show that the system is flawed and can be manipulated and circumvented so that lawyers and medical experts can twist the system to benefit there situation.
The question remains, as it did from the start, do Claimant Solicitors not have a duty to their clients to instruct suitable experts? The Medco system seems to be a lottery and is not favourable in terms of justice to clients. The flaws in the system highlight that this may not be the way to deal with instruction medical experts for personal injury claims.