Defence medical assessments are a fact of life for Plaintiffs in personal injury litigation.Most injured accident victims dislike the idea of attending these assessments with medical experts retained by the defendant’s insurance companies. As lawyers, we frequently hear from clients who call us in frustration with complaints that the medical expert had pre-determined his/her opinion, was not listening to their complaints and spent very little time with them.Adding to the traditional issues with defence expert assessments, a practice among medical experts that an Ontario Superior Court Judge has referred to as “ghostwriting” has recently come to the attention of the Courts.Ghostwriting occurs when the expert relies on another person to prepare all or part of their report. There are different ways this could happen, one scenario could be where a medical expert receives a large volume of medical and rehabilitation records prior to an assessment and, due to a busy ...
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STATUTORY ACCIDENT BENEFITS SCHEDULE DISCRIMINATES AGAINST CHRONIC PAIN VICTIMS AND VIOLATES CHARTER RIGHTS
On September 14, 2017, FSCO Arbitrator Benjamin Drory declared that the Minor Injury Guideline (“MIG”) insofar as it ... Continue