With growing scrutiny on expert witnesses, it’s important for medical specialists who prepare reports and testify before the courts in personal injury cases to adhere to evidence-based thinking and objectivity, says Toronto orthopedic spine and trauma surgeon Dr. Michael Ford.
http://www.advocatedaily.com/m
In ruling that the plaintiff met the threshold for a permanent and serious impairment, Justice Deena Baltman pointed out how two defence medical experts both gained the majority of their income from assessments for defence lawyers and insurance companies — underscoring an issue of potential bias.
http://www.advocatedaily.com/j
The idea of “ghost writing” by courtroom experts was recently addressed in a decision about defence medical assessments by insurance companies. In every serious personal injury claim, a claimant is subjected to being assessed by a host of doctors chosen by the defendant and/or their insurance company.
http://www.torontosun.com/2017/02/18/ghost-writing-prohibited-in-court#.WKkBmOXJj1M.twitter
Medical experts, along with their reports, are major pieces of evidence in any serious personal injury case in Ontario.
The testimony of a Plaintiff, and that of a Defendant, will likely be self serving.
[36] Dr. Cameron’s opinion that any person with osteoarthritis would inevitably suffer the type of pain which Shaw endured, without any triggering event, is not consistent with Dr. Backstein’s unchallenged direct experience in this area or with Dr. Backstein’s uncontested opinion that most people at age 58 have some degeneration caused by osteoarthritis but that such arthritis is not necessarily symptomatic.
[37] Dr. Backstein’s opinion is that osteoarthritis is not “relentlessly progressive” and can be asymptomatic until an event happens that converts the arthritis to symptomatic. Dr. Backstein’s opinion conforms to his experience as a leading orthopaedic surgeon. Dr. Backstein was not cross-examined on his experience. I prefer Dr. Backstein’s evidence to the unsupported comments of Dr. Cameron.
In Mamado v. Fridson, 2016 ONSC 4080 (CanLII), Ontario Superior Court Justice Deena Baltman found “serious flaws” in the testimony of two expert medical witnesses for the defendant.
The Ontario auto insurance industry is in crisis, for two main reasons: massive erosion of the coverage that injured drivers receivebiased doctor assessments of injured victims.
‘Long-time critic of Ontario auto insurers; their defence lawyers; and their hired gun medico-legal assessors. Also critical of plaintiff bar lethargy.’
https://insultandinjury.org/20