10b - Medico-legal fees Northern Ireland
Fees under Legal Aid Regulations
Effective date: 21 September 2001
Source: Letter (28.12.01) to BMA Northern Ireland office from Allan Johnston, Chief Executive Officer of the Legal Aid Department, Law Society of Northern Ireland.
Allowance: Mileage at 34p per mile or first class rail travel
1. Consultants
Patient condition letter including copy of recent clinical report, without examination - £55.00
Long case history, specially prepared, without examination - £71.50
First or second examination and report
1st - £145.20
2nd - £145.20
Consultant surgeon’s report - £145.20
Consultant report in relation to Repetitive Strain Injury - £242.00
MRI and CT scans at a cost not exceeding - £451.00
Note: Authority granted only when recommended as responsible by a consultant radiologist or consultant.
Dermatologist’s, psychiatrist’s or chest consultant’s report and examination - £181.50
Attendance at court
morning or part thereof - £203.50
morning and afternoon or part thereof - £297.00
Note: Where attendance at court is required for more than one client on the same day, attendance fees and travel expenses should be decided proportionately amongst the clients. The acccount should be certified accordingly.
Reading up on file and attendance at consultation on day of hearing or other than day of hearing - £82.50
Note: When two cases are dealt with on the same day at the same court an additional fixed fee of £75 will be fixed for preparation and/or consultation in connection with that case
Making arrangements to attend court, on cancellation
with less than 2 days’ notice (excluding Saturday and Sunday) - £66.00
with between 2 days’ and 7 days’ notice - £49.50
2. General practitioners
Patient condition letter including copy of recent clinical report, without examination - £55.00
Long case history, specially prepared, without examination - £71.50
First or second examination and report
1st - £77.00
2nd - £60.50
Attendance at court:
morning or part thereof - £165.00
morning and afternoon or part thereof - £253.00
Note: Where attendance at court is required for more than one client on the same day, attendance fees and travel expenses should be decided proportionately amongst the clients. The acccount should be certified accordingly.
Reading up on file and attendance at consultation on day of hearing or other than day of hearing - £68.20
Note: When two cases are dealt with on the same day at the same court an additional fixed fee of £75 will be fixed for preparation and/or consultation in connection with that case.
Making arrangements to attend court, on cancellation
with less than 2 days’ notice (excluding Saturday and Sunday) - £66.00
with between 2 days’ and 7 days’ notice - £49.50
3. Locums
Surgery of 2 hours - £66.00
Surgery of 2 hours plus calls - £71.50
plus 5.50 per call
All day surgery - £143.00
plus 5.50 per call
4. Access to medical records
Provision of a patient's file by GP - £20.00
Photocopy of a patient's file by GP - £25.00
Note: It is the BMA’s view that this has been superceded by the Data Protection Act 1998 and that a maximum of £50 can be charged for providing access to and copies of medical records. The BMA Northern Ireland office has confirmed this interpretation with the Law Society of Northern Ireland.
A sliding scale of allowances is payable to solicitors to cover the costs of collection and returning patients files from and to general practitioners, as follows:
i) A flat allowance of £15.50 to cover the cost of collection if the journeys were up to 10 miles and, likewise for returning the papers
ii) £26.00 if the journeys for collection were in excess of 10 miles and, likewise for returning the papers
iii) A payment exceeding £26.00 in special cases if longer journeys were involved, the amount depending on the total distance necessarily travelled.
Note: It is the BMA’s advice that originals of health records should not be provided to third parties unless photocopies are not acceptable (for example because the copy is not legible or the originals are needed for evidential purposes). In such cases assurances should be received from the third party that he or she accepts responsibility for the safe keeping and confidentiality of the record. If the original record is to be supplied, the doctor should keep a photocopy of the most recent notes in order to be able to provide appropriate care to the patient in the period until the records are returned.
5. Travel time
Consultant (per hour) - £33.50
General practitioner (per hour) -£ 24.50