Terms of engagement
These terms apply to every medico-legal instruction accepted by Dr Yameen Qureshi (GMC 4771627) unless varied in writing before the instruction is accepted. They are published so that instructing agents can see the basis of the engagement before sending a letter of instruction.
Insight Medicolegal Ltd, registered in Scotland, company number SC822243. Registered office: Clyde Offices, 48 West George Street, 2nd Floor, Glasgow, G2 1BP. MPS (Medical Protection Society) membership number: 255122. ICO registration ZB830807 (Insight Medicolegal Ltd).
- 1. Overriding duty to the court
- The duty of the expert is to the court or tribunal and overrides any obligation to the instructing agent or to the party paying the fee. Opinion is given independently and is not adjusted to suit the instructing party's position.
- 2. Acceptance and conflict check
- An instruction is accepted only after a conflict check against the examinee, the pursuer, the defender, treating clinicians and any institution involved. Where a conflict or a previous treating relationship exists, the instruction is declined.
- 3. Scope
- The report addresses the questions posed in the letter of instruction.
- 4. Records
- Opinion depends on the records supplied. Where material records are missing the report will say so and will identify the limits this places on the opinion. A supplementary report may be required once further records are produced.
- 5. Fees and payment
- Fees are charged on the basis agreed in writing before the instruction is accepted, and are payable by the instructing agent whether or not the action succeeds and whether or not expenses are recovered. Payment terms and the VAT position are confirmed in the written fee quotation returned before the instruction is accepted.
- 6. Cancellation
- An appointment cancelled or postponed at short notice may attract a cancellation fee, and a report cancelled after records have been reviewed is charged for work done to that date. The applicable notice period and cancellation charge are confirmed at the point of instruction.
- 7. Discharged proofs
- Where a proof is discharged at short notice, reserve time may be charged.
- 8. Consent and confidentiality
- The examinee's informed consent is taken at the assessment and is recorded in the report. The examinee is told at the outset that the assessment is not treatment, that no doctor–patient treating relationship arises, and that the report goes to the instructing agent.
- 9. Risk disclosure
- Where an assessment discloses a material risk to the examinee or to others, professional duties apply and disclosure may be made to the appropriate clinical authority, so far as GMC guidance requires.
- 10. Data protection
- Records and reports are handled as set out in the privacy policy, in accordance with UK GDPR and the practice's ICO registration.
- 11. Copyright and use
- Copyright in the report remains with the author. The report is prepared for the instruction stated in it and may be used for the purposes of that action or matter only.
- 12. Limits of the instruction
- The report is an opinion on the material available at the date of writing. It is not a treatment plan, not a diagnosis for clinical purposes, and does not carry an ongoing duty to review unless a supplementary instruction is accepted.