Your guide to medicolegal work in negligence and personal injury cases

Written in association with: Mr Marcus Cumberbatch
Published: | Updated: 21/01/2025
Edited by: Aoife Maguire

Medicolegal work is an area where medicine and law meet, often playing a pivotal role in cases involving negligence or personal injury. If you have experienced harm during medical treatment or have been injured in an accident, medicolegal assessments might be necessary to support your claim. We speak to Mr Marcus Cumberbatch, an expert in medicolegal work, who explains what it involves and what you can expect.

 

 

What is negligence in a medical context?

 

Medical negligence refers to situations where a doctor fails to meet the expected standard of care, resulting in harm to the patient. Standards of care are the level of skill and judgement that any competent professional would provide in similar circumstances.

 

For instance, negligence might occur if a doctor misdiagnoses a condition despite clear evidence or performs a procedure incorrectly, leading to complications. Medicolegal work in such cases involves creating a detailed report by a medical expert. This report outlines whether the care provided was below acceptable standards and explains the resulting impact on the patient’s health.

 

These reports are impartial and based on thorough examination of medical records, the patient’s account, and any relevant clinical evidence.

 

What happens in personal injury claims?

 

Personal injury claims arise when someone sustains physical or psychological harm due to someone else’s actions, such as in a car accident or workplace incident. In these cases, a medicolegal assessment is carried out to evaluate the extent of the injuries, their likely cause, and the impact on the individual’s life.

 

The medical professional conducting the assessment will review your medical history, perform an examination, and consider how your injuries might affect your ability to work, engage in daily activities, or lead to ongoing pain and suffering. The resulting report is crucial in determining compensation and helping courts or solicitors understand your situation.

 

Who conducts medicolegal assessments?

 

These assessments are typically performed by experienced medical professionals with specific training in medicolegal work. Experts might include doctors, surgeons, or psychologists, depending on the nature of the claim. Their role is strictly independent, meaning they are not acting on behalf of either party but instead providing an unbiased professional opinion.

 

How can you prepare for a medicolegal assessment?

 

If you have been asked to attend a medicolegal assessment, preparation can make the process smoother. Bring all relevant documents, such as medical records, accident details, and any correspondence related to your case. Be ready to explain how your injury or condition has affected you, including details about your symptoms and any limitations you face.

 

Medicolegal work may initially seem daunting, but it is a critical part of ensuring your voice is heard in legal processes. Knowing what to expect can make the experience less overwhelming and help ensure your case is presented accurately and fairly.

 

 

If you require medicolegal aid and would like to book a consultation with Mr Cumberbatch, do not hesitate to do so by visiting his Top Doctors profile today. 

By Mr Marcus Cumberbatch
Urology

Mr Marcus Cumberbatch is a leading consultant urological surgeon based in Sheffield and Nottingham, who specialises in prostate cancer, medicolegal work and prostate biopsy alongside bladder problemsbenign prostate enlargement, kidney cancer and adult circumcision. He privately practises at The Thornbury Hospital, Spire Hospital Claremont and The Park Hospital, while his NHS base is Royal Hallamshire Hospital. He is also the Cancer Lead of the directorate.

Mr Cumberbatch has an impressive educational CV, with an MBBS from University College London and MRCS from the Royal College of Surgeons of England. As part of his medical school training, Mr Cumberbatch attended the Welcome Institute where he obtained a scholarship to complete an Intercalated BSc in the History of Medicine.

Further educational achievements include foundation training in the Nottingham Deanery, the Academic Clinical Fellowship and a PhD in Cancer Biology. He was also awarded an Academic Clinical Lectureship by the National Institute for Health Research (NIHR) and was granted the Ellison-Cliffe Foundation Award by the Royal Society of Medicine (RSM) where he learnt about robot-assisted surgery and novel cancer diagnostics in Melbourne, Australia.

Mr Cumberbatch is also highly experienced in the medicolegal aspects of urological surgery, preparing expert opinion reports on a wide range of conditions, including prostate, testicular, bladder, and kidney issues. He completes 4 to 8 reports per month, with an average turnaround of four weeks, and undertakes cases involving clinical negligence and personal injury. His expertise covers screening, breach of duty, causation, condition and prognosis reports.

While he primarily represents claimants, he also has experience with defendant cases and has provided oral evidence at Family and Coroners counsel meetings. He is committed to ensuring his reports meet the court's requirements, adhering to his duty of impartiality and accuracy. Mr Cumberbatch's medicolegal practice is underpinned by his extensive clinical experience, encompassing robotic, laparoscopic, and open surgical techniques, alongside his completion of the Royal Society of Medicine's legal day.

Mr Cumberbatch is highly respected among his peers, and he has presented at various international conferences in countries including Japan, Spain and Denmark. He holds several leadership positions including principal investigator on a number of NIHR portfolio clinical trials investigating the use of robotics in minimally-invasive surgery, patient outcome meetings and cancer screening.  

His clinical research has featured in a selection of peer-reviewed journals, and he has an international reputation for his cancer epidemiology knowledge. Mr Cumberbatch is a member of various professional organisations, including the European Association of Urology (EAU) and the Medical Defence Union (MDU). Furthermore, he's a fellow of the Royal College of Surgeons of Edinburgh.      
 
In 2021, Mr Cumberbatch published an international multicentre series showing that robotic surgery can be used even in high-risk situations where kidney function is poor or only one kidney is present. These patients previously may have been facing open surgery or lifelong dialysis, but with robotic techniques can now be offered a keyhole operation to remove the cancer with less complications, faster recovery, and preserved kidney function. 

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