Lawyers who act for plaintiffs in personal injury cases are calling for the end of the use of ghostwriters in the creation of expert medical reports.
And although the issue hasn’t often been directly addressed in Ontario courts, there is indication that the judiciary has found problems with the approach.
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Personal injury lawyer and partner with Thomson, Rogers, Stephen Birman comments,
It’s crucial that the expert write their own report.
I think it’s kind of obvious that you would expect the medical expert is going to prepare their own report in its entirety and the rules pretty much say that explicity – that the examining health practitioner shall prepare the report.
Expert evidence is mandatory in personal injury cases to prove injury and damages on both sides. And it is necessary for them to be objective and transparent.
When an expert gets a request to write an expert report, it doesn’t just come with a letter; sometimes, it comes with a box of documents.
Read the full article as it appeared in the June 25, 2018, issue of Law Times: End use of ghostwriters in medical reports: lawyers