Following receipt
of expert medical opinion, we were able to argue successfully that the Defendant had been negligent in failing to carry out spinal x-rays at an earlier stage, or to carry out an appropriate neurological examination, amongst other failures.
In a dramatic admission of medical illiteracy the Court of Appeal conceded that
absent expert medical opinion evidence, a judge is not qualified to say what is, or is not, an illness (Saadati v. Moorhead, 2015 BCCA 393).
The factors to be considered in characterizing such conduct include the provable intention of the person and, in cases involving physicians and their patients, the position of the Canadian Medical Association and
expert medical opinions as to generally accepted ethical medical practices.
That ruling was overturned when the B.C. Court of Appeal ruled that damages can only be awarded for such injuries when they are demonstrated by «
expert medical opinion evidence.»
«It's
my expert medical opinion that the president's got a rockin» bod, with the perfect amount of cushion for the pushin», and if given the chance, I would,» he said.
The limited number of LAT decisions rendered to date, provide several examples of accident victims being unsuccessful in their claims because they failed to present sufficient documentary evidence and supporting medical opinions to counter
the expert medical opinions which the insurers obtained from their medical specialists.
A separate trial for Kenny, according to the then state of
the expert medical opinion evidence, a lesser player in the unlawful death of Brian Fudge, was at once viable, reasonable and in the interests of justice.
The Court of Appeal found the Appeal Commissioner at WCAT had appropriately reviewed
the expert medical opinion of Dr. Colin F. Davey (retained by Maritime Paper).
However, under the law, when a doctor gives
an expert medical opinion at trial, he has an obligation to do so neutrally and without bias.
While it is possible to build a defence based on
expert medical opinion, it helps to have additional evidence to tip the balance in favour of a successful defence.
The good news is Georgia appellate cases have made it clear that an expert only has to state
their expert medical opinion on what caused the injury in a way that is stronger than that of medical possibility.
[86] It follows, as well, that I would reject Mrs. Cahoon's submission that the trial judge erred in permitting the jury to use this evidence to «override»
the expert medical opinion evidence on causation.