Do virtual assessments have a role as an alternative to face-to-face assessments in quantum cases?

Virtual assessments do have a role in quantum cases but should be appropriate to the claimant’s clinical condition and need, while contextualised to the interests of the instructing solicitor and their client, writes Jessica Thurston of Somek & Associates

 

What prompted the change from face-to-face assessments to virtual assessments?

As a consequence of the Covid-19 situation and the government rules in respect of social distancing, we at Somek & Associates found ourselves in the unprecedented situation of our experts suddenly being unable to undertake face-to-face assessments in respect of quantum case instructions. Rather than the whole assessment being postponed for an unknown timeframe, and in awareness that solicitors were informing us that they wished to continue to litigate cases, we considered the possibility of virtual assessments.

To date, we have been very pleased with the assessments we have undertaken, and we are continuing to review them. We have, of course, now returned to undertaking face-to-face assessments following careful risk assessment, but virtual assessments continue to play a vital part in our service provision during these challenging times. 

What were our first considerations?

Our first consideration was data protection but we were aware that data protection rules had, according to NHSX information governance guidance, been relaxed: “The health and social care system is going to face significant pressures due to the COVID-19 outbreak. In the current circumstances it could be more harmful not to share health and care information than to share it. The Information Commissioner has assured NHSX that she cannot envisage a situation where she would take action against a health and care professional clearly t