EXPERT VIEW

The Independent Clinical Review Process: Why Your Applicant Statement Matters

Around 500 former patients of Mr Eljamel have now registered to participate in the Independent Clinical Review (“ICR”) in connection with the Eljamel Public Inquiry, making it one of the most significant patient review exercises ever undertaken in Scotland.

At Levy & McRae Solicitors, we have already assisted a substantial number of former patients and family members through the process, from the initial statement request stage, through to the submission of completed Applicant Statements. We continue to assist many more applicants as their statements are requested by the ICR. 

What is the Independent Clinical Review?

Independent neurosurgeons have been appointed to review the treatment received by former patients of Mr Eljamel and members of his team. The purpose is to provide former patients, or their authorised relatives or representatives, with an individual review of the care that they received.

As part of the process, applicants are invited to provide an Applicant Statement setting out their experiences and concerns. The reviewing expert will consider that statement alongside the available medical records and supporting documentation before preparing an individual report.

Why is the Applicant Statement so important?

Medical records are central to the review process, but records rarely tell the whole story.

Many patients are concerned not only about what treatment was carried out, but whether they were properly informed, whether risks were explained, whether concerns were taken seriously, and how events affected them and their families in the years that followed.

The Applicant Statement provides applicants with the opportunity to explain those matters in their own words and ensure that their individual experiences and concerns are properly understood by the reviewing expert. A carefully prepared statement allows the reviewing expert to understand not only the medical chronology, but also the patient’s experience of that treatment.

Preparing a thorough statement often involves reviewing medical records, identifying relevant supporting documents, establishing a clinical timeline and ensuring that concerns are explained clearly and accurately.

For individuals dealing with complex medical histories, or treatment that took place many years ago, this can feel daunting. 

How can legal assistance help?

The Applicant Statement must always remain the applicant’s evidence and reflect their own recollection and experiences.

However, professional assistance can often help applicants navigate what can be a detailed and complex process. 

Having already assisted a substantial number of applicants through the process, our team has developed significant experience in preparing Applicant Statements and supporting participants throughout the process.

Funding and Legal Assistance

The ICR is an important part of the Eljamel Public Inquiry. Although the ICR and the Eljamel Inquiry are distinct processes, Applicant Statements may also contribute to the evidence available to the Inquiry itself. For many participants, the statement may be one of the most important opportunities to ensure that their experiences are fully documented and understood. 

For those who have received a statement request, or who anticipate being contacted by the ICR requesting their Applicant Statement in the future, taking time to prepare a comprehensive statement is likely to be one of the most important stages of the entire process.

At Levy & McRae, we continue to assist former patients and their families throughout every stage of the Independent Clinical Review process. Funding is available for applicants and authorised representatives seeking legal assistance with the preparation of Applicant Statements. 

Meetings to prepare Applicant Statements can take place in whichever format applicants find most comfortable, whether in person at our Glasgow office, by virtual video meeting, or over the telephone. Our aim is to provide a process that is accessible and convenient while ensuring applicants have the opportunity to discuss their experiences fully.

Please contact us at eljamelenquiries@lemac.co.uk if you would like to discuss assistance with your Applicant Statement with a member of our team. 

 

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