Medico-Legal Services

Why Choose Dr. Mittal’s Medico-Legal Services? 

As a highly respected Pain Specialist and Anaesthetist, Dr. Mittal has an impeccable background in multidisciplinary patient care. She has a deep understanding of how chronic or persistent pain can impact one’s life, including work capacities, the ability to foster and maintain relationships, day-to-day functionality, and one’s overall quality of life. 

She earned her medical degree at the University of Melbourne in 2003 and followed with a Fellowship in Anaesthesia  at the renowned Alfred Hospital, where she focused on further mastery of anaesthesia and acute and chronic pain management. 

In 2013, she became a Fellow of the Faculty of Pain Medicine, Australian and New Zealand College of Anaesthetists. Over the years, she has served as a Supervisor of training for Fellows in Pain Medicine, Examiner for the Faculty of Pain Medicine, and Co-convenor of the Annual Scientific Meeting for NSANZ (the Neuromodulation Society of Australia and New Zealand) in 2022 and 2023. 

Dr. Mittal is also a current member of the Board for the Neuromodulation Society of Australia and New Zealand. 

Her work led her to recognise the significance of acute and chronic pain management in improving the quality of life for patients.

As a Pain Specialist and Anaesthetist, Dr Mittal stands as a compassionate advocate for her patients in all areas, including the legal realm. Her wealth of experience and knowledge make her an asset in any kind of anaesthesia or pain related case or claim. 

What Kind of Medico-Legal Services Does Dr. Mittal Offer?

Dr. Mittal offers a range of Medico-Legal services as they relate to pain management cases, including

• Expert Witness Testimony. She will provide her expert opinion as a medical professional. This can include testimony in personal injury claims, medical malpractice suits and workers’ compensation or transport and accident cases. Dr. Mittal can be available for court appearances as needed based on the circumstances of a given case.
• Independent Medical Examinations (IMEs). She will perform assessments as a doctor who is not actively involved in the treatment of the patient, providing an independent opinion on the individual’s medical condition that can be used to inform claims and legal decisions. Dr. Mittal can then provide detailed reports that outline the findings from medical examinations, treatments provided, prognosis, and the potential impact of injuries or illnesses on a person’s life that can then be used in legal proceedings and insurance claims.
• Medical Record Reviews. She will review medical records to assess the accuracy and appropriateness of care provided. This may involve analysing treatment decisions, outcomes, and compliance with medical standards. Dr. Mittal will provide opinions on whether the medical care provided met the accepted standards and if any deviations may have caused harm to the patient.
• Medical Negligence. In cases where patients allege harm due to the negligence of medical practitioners, Dr. Mittal can provide expertise on whether the standard of care was breached and the extent of harm caused.
• Medico-Legal Consulting. She will work closely with your legal team to provide ongoing advice and support throughout a case. This can include helping you and your team understand medical jargon, interpreting medical evidence, and formulating case strategies.

How Can Medico-Legal Services Impact A Case?

When Dr. Mittal provides expert medical testimony, she performs several key roles and tasks to support a legal case:

• Reviewing Medical Records. Dr. Mittal thoroughly reviews all relevant medical records, including patient histories, diagnostic tests, treatments, and other documentation, to understand the medical aspects of the case.
• Offering An Objective Expert Opinion. Based on her expertise and review of the medical records, she formulates a professional opinion on key medical issues relevant to the case, such as the cause of an injury, the extent of harm, or whether the standard of care was met. This opinion is objective and based on medical evidence and professional standards, rather than advocating for one side or the other.
• Writing Expert Reports. Dr. Mittal prepares detailed written reports outlining their findings, opinions, and the basis for those opinions. These reports are submitted as part of the legal evidence.
• Sitting For Depositions. Dr. Mittal may make herself available to be deposed by the opposing counsel (if applicable to a given circumstance or case). During this type of deposition, a medical expert answers questions under oath about their qualifications, the methodology used in forming their opinion, and the specifics of their conclusions.
• Testifying In Court. She may testify in court as an expert witness, including direct examination (answering questions posed by the lawyer who retained them to explain their findings and opinions to the judge and jury) and cross-examination (responding to questions from the opposing counsel, who may attempt to challenge the doctor’s credibility, methodology, or conclusions).
• Explaining Medical Concepts. Dr. Mittal can break down complex medical terms and concepts into understandable language for the judge and jury, helping them grasp the medical issues at hand.
• Educating the Court. In some cases, she may educate the court on general medical principles that are relevant to the case, such as typical outcomes for certain injuries or standard medical procedures.

The goal of Dr. Mittal’s expert testimony is to provide clarity, credibility, and a solid foundation for understanding the medical aspects of the case, ultimately assisting the court in making informed decisions.

What Kinds of Cases Does Dr. Mittal Consult On?

Dr. Mittal’s medico-legal services can play a crucial role in ensuring that medical and legal standards are upheld and that justice is served in cases involving health-related issues.

She is often retained as a pain management expert for various types of cases where anaesthesia, chronic pain, pain treatment, or pain-related issues are central. These cases include but are not limited to:

• Medical Malpractice Cases. These are typically cases where a healthcare provider is accused of inadequate pain management or failing to adequately manage a patient’s pain, resulting in unnecessary suffering. Medical malpractice also encompasses procedural errors or cases where pain management procedures were performed incorrectly or without proper indications, causing harm. 
• Personal Injury Cases. These are situations where a plaintiff suffers from chronic pain as a result of injuries sustained in accidents (including workplace accidents), and an expert is needed to evaluate the pain’s impact on the plaintiff’s life and the adequacy of treatment received.
• Disability Claims. Disability claims involve situations where individuals are claiming disability due to chronic pain, and an expert is needed to testify about the legitimacy and extent of the pain and its impact on the individual’s ability to work.
• Workers’ Compensation Cases. These are cases where there are disputes about the adequacy and appropriateness of pain management provided to an employee following a workplace injury, or situations where an employee requires long-term pain management, and an expert is needed to assess the treatment plan and its effectiveness.
• Insurance Disputes. Insurance disputes often involve conflict about coverage for Pain Management Treatments, or disputes between patients and insurance companies over the coverage and necessity for certain pain management treatments.

Where Does Dr. Mittal Provide Medico-Legal Services?

Dr. Mittal is prepared to provide expert testimony and related services in pain management cases in the greater Melbourne area, depending on the client’s circumstances. She is also able to provide assessments via telehealth in specific situations especially if the patient resides outside of Victoria or is unable to travel to the Greater Melbourne area.

Relevant Accreditations and Schemes

Dr. Mittal adheres to professional and ethical standards set by medical boards and professional organisations and is educated and trained in medico-legal practices, staying up-to-date with current legal requirements and best practices.

• American Medical Association Guides to the Evaluation of Permanent Impairment, 4th Ed
• ACT Motor Vehicle
• ACT Workers’ Compensation
• Comcare Guide to the Assessment Of Permanent Impairment
• Department of Veterans’ Affairs
• Life Insurance – TPD and Income Protection
• Medical Negligence
• Fitness for Duty
• Public and Professional Liability
• Seafarers
• WorkSafe Victoria Independent Impairment Assessor (IIA)