Our Surrey ICBC serious injury settlement lawyers explain medical experts – If you have questions about your ICBC personal injury case please contact us now or call us at 604-576-5400 or toll free at 1-877-602-9900 to schedule your FREE initial consultation. We are available for cases that take place anywhere in British Columbia and we have offices in Surrey, Vancouver, Kelowna, and Fort St John.
The Role of Medical Experts in Personal Injury Cases.
After recently reading Hy Bloom’s article “Insuring the integrity of psychiatric assessments” in The Lawyers Weekly newspaper our Surrey ICBC and Personal Injury lawyers would like to further describe the role of medical experts in personal injury cases.
First and foremost, it is important for our clients to know a medical expert’s primary duty is to the court. It is also important to know that it is possible for medical experts to be called by both the plaintiff and the defense’s counsel.
As Bloom summarizes in his article:
a) Proper examinations are not limited to a specific time frame and can take longer than one to two hours. The duration can be attributed to the complexity of the case, co-operation, mental illness or presence of fatigue.
b) It is important to see an expert more than once, so the examiner has a broader view of the injuries instead a single snapshot.
c) It is not uncommon for the examiner to request health records for up to five years prior to the accident or injury.
d) It is imperative our clients know the inquiry into documents does not end at health records and depending on the facts relevant records could include school, criminal, employment or other materials including photographs or videos.
Bloom uses a great example, citing one case where a plaintiff claimed the head injury he suffered in an accident made him require 24-hour attended care however a wedding videotape, taken during the time of the alleged extreme debility and marked limitation, disclosed a happy groom/plaintiff who was significantly more capable than those close to him made him out to be. Needless to say, the case settled quickly after the videotape became available to the defendant.
The above scenario is a great example of the expansive material experts can rely on as well as the potential impact it can have on your personal injury claim. Please consult with our Surrey Personal Injury lawyers if you have any further questions on the role of medical experts or to book a free consultation at 604-576-5400.