Practical guide · Resolving your claim

Factual errors in an expert report: prepare a targeted correction response

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Editorial draft. Independent legal and native-language reviews remain pending.

Respond to a factual error with the exact passage, the detail you believe is correct and its supporting source. Keep objective correction separate from a professional opinion you disagree with. Also ask which response procedure and time limit apply to this assignment. Medical, occupational and financial reports do not all carry identical rights. This guide helps carry out the response; it does not automatically invalidate a report or promise a right to a more favourable conclusion.

In this guide
  1. Identify the report, version and applicable response procedure
  2. Separate objective errors from substantive disagreement
  3. Create an error table with evidence and proposed clarification
  4. Explain possible downstream effects without recalculating it yourself
  5. Respond promptly and request adjustments before expiry if necessary
  6. Treat access and blocking as separate medical questions
  7. Check the response and preserve an identifiable history
  8. Seek targeted help where correction has stalled

Identify the report, version and applicable response procedure

Record author, date, version, commissioning party and purpose. Is it a draft, final report, party opinion or court expert report? Check the covering letter and assignment. The general report guide helps identify the document; here you prepare the specific response to an error. An invitation to check facts does not automatically permit rewriting every conclusion to your preference.

Immediately ask who receives the response and how it is handled. Contact sometimes goes through a representative or medical adviser; court directions may apply in proceedings. Do not send new material simultaneously to expert, court and all parties without discussion. An unclear route can create confusion about receipt and what information is available to everyone. Establish the applicable arrangement first.

Separate objective errors from substantive disagreement

An incorrect date of birth, working week or examination date can often be checked against a document. Whether symptoms cause a particular limitation requires expert evaluation. An accurate account of a statement can also differ from the truth of that statement: “employer reported twenty hours” is not the same assertion as “employee worked twenty hours”. Identify precisely which kind of error you mean.

KNMG describes factual correction of personal information, not deleting opinions or conclusions because you disagree. For occupational and financial reports, examine the particular assignment and procedure; do not automatically extend medical rules to them. The table helps frame the question correctly. A factual mistake may affect a conclusion, but the expert must separately explain that consequence.

Issue typeAppropriate responseNot automatic
Objective detailIdentify passage, correct fact and sourceEntire report invalid
Expert conclusionDiscuss support or an additional questionRight to substitute your opinion
Procedure/version issueCheck assignment, recipient and versionUnlimited repetition or deadline extension

Create an error table with evidence and proposed clarification

For each issue, list page number, passage, correct detail and source. Explain in one sentence why the source supports the correction. A thirty-six-hour contract may establish something different from actual work build-up after sickness. Include the relevant version or period. An isolated screenshot without date or sender may establish less than original correspondence with identifiable context.

State what remains uncertain. If two documents give different dates, do not present only the favourable one as if no conflict existed. Ask which source the expert used and how the conflict is resolved. Do not alter original records to strengthen the response. Use a separate explanation and identifiable attachments. Everyone can then follow whether correction, an additional question or further examination is required.

Explain possible downstream effects without recalculating it yourself

Ask which parts rely on the incorrect fact: task demands, history, assumed working hours or calculation inputs. A wrong date can be a typo or shift an entire period. Have the expert identify which conclusion needs reconsideration. The existence of one error does not automatically make all findings worthless.

Do not confuse a financial consequence with a medical opinion of your own. If the report uses the wrong working week, ask which calculation relies on it; do not independently decide the impairment percentage that should now apply. Identify follow-up documents too. Correcting the source report helps little if a calculation expert unknowingly continues using the old version. Ask who informs downstream recipients and how this is recorded.

Respond promptly and request adjustments before expiry if necessary

Read the actual covering letter and procedural arrangements. There is no single response deadline for every expert report. A guideline describing a reasonable duration is not a universal statutory expiry period. Request clarification or an extension in time if information is missing, and obtain confirmation of whether it is allowed. Do not assume postponement merely because you sent a request.

Where appropriate, submit already verifiable points and identify the addition still being sought, after discussing the correct route. Keep evidence of sending and receipt. A correction request does not automatically extend legal deadlines in the underlying case or concerning another decision. The timeline tool organises agreements; separately agree who takes necessary procedural action while the expert’s answer remains outstanding.

Treat access and blocking as separate medical questions

Rights in medical assessment depend on the framework. KNMG distinguishes access, factual correction and blocking, with exceptions including certain assessments within ongoing employment, private insurance and social legislation. Have the rules for this particular examination explained. A report in a claim against a liable third party does not necessarily have the same framework as an examination for your own existing insurance.

Blocking is not a method for making a doctor write a favourable conclusion. Preventing disclosure can have evidential consequences for the damages claim. Before deciding, seek independent advice about applicability, recipient and consequences. The medical-records guide helps define information. Do not refuse or block solely because one sentence is unpleasant, without understanding the relevant right and risk.

Check the response and preserve an identifiable history

Request a written account of each point: amended, explained or not accepted, with reasons. Keep the original draft, your response, attachments and final version. A silently replaced PDF makes it unclear later which wording parties and subsequent experts used. Give versions recognisable names and clarify whether an attachment or addendum forms part of the report.

If substantive disagreement remains, reformulate the unresolved question. Further explanation may be more appropriate than immediately commissioning an entirely new assessment. For medical disputes, the assessment guide helps identify the appropriate expertise. A complaint about care or conduct serves a different purpose from correcting the loss schedule. Have both routes and their consequences evaluated separately.

Seek targeted help where correction has stalled

Give your representative the short error table and responses received. Ask precisely what the next step should resolve: conflicting sources, an unanswered question, procedural irregularity or a genuine professional disagreement. The dispute guide provides context. A disappointing answer does not automatically make proceedings promising, but you need not accept a verifiable mistake as an unchallengeable expert opinion either.

Use the evidence tool for document names and questions and, where needed, seek legal help on significance, costs and deadlines. Do not share complete medical files through these tools. For an offer, identify the version used and remaining dispute. A useful correction response produces a verifiable information base; it guarantees neither a revised total nor reopening every settlement already concluded.

  • Identify report, version, commissioning party and response arrangement.
  • Separate objective fact, reported statement and professional opinion.
  • For each passage, provide correction, source, date and remaining uncertainty.
  • Ask about downstream effects, recipients and confirmed receipt.
  • Keep every version and separately monitor open issues, costs and deadlines.

Frequently asked questions

Can I correct the PDF myself?

Keep the original and send a separate, identifiable response. Quietly changing the received text obscures which version was assessed and circulated.

Must a doctor adopt my different opinion?

Not through factual correction rights. Identify objective errors and raise substantive questions about reasoning or conclusions through the appropriate route.

Do I always have blocking rights?

No, the framework and statutory exceptions matter. Have applicability and possible evidential consequences explained for this assessment before deciding.

Is my case protected while correction is pending?

Not automatically. A correction request does not itself protect legal deadlines or actions elsewhere. Explicitly agree who monitors them and acts.

What you can prepare yourself

Sources for this article

This information concerns Dutch law. Consult the source for current guidance and seek advice about your own situation if you are unsure.

KNMG — factual correction and context-specific report rights, §7.1.5De Letselschade Raad — access, correction and blockingGBL Medical Section — verifiable advice and expert assessment

General information. This does not replace individual legal advice.

Read more about your situation

An expert report in an injury claim: instructions, facts and conclusionsRequesting and sharing medical records in an injury claimMedical assessment in a personal injury claim: who examines which question?Resolving an injury dispute: discussion, complaint, mediation or court?
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Editorial team Letselschade in Nederland

We connect explanations to sources and record targeted changes. Legal review is attributed only to the actual reviewed version, with a real reviewer, date and scope. Human legal review of these articles remains open.

Ricardo van der Spoel

Ricardo van der Spoel

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