The judge found
the medical expert opinion evidence presented to be highly unsatisfactory.
Not exact matches
If your claim is denied, you will have to present
medical evidence,
expert opinions, and legal rationale about why your claim should be approved.
The Certificate of Merit is an
opinion from a
medical expert / certified physician offering
evidence that the physician has reviewed the plaintiff's
medical records, and based on the review, believes that there is a strong argument for an act of malpractice committed by the defendant based on the fact that
evidence suggests the defendant deviated from the appropriate standard of care.
Many, if not most, vendors of
expert medico - legal
opinion evidence attend endless conferences and seminars offered by the Canadian Society of
Medical Evaluators (CSME) during which the topic of the duties of
experts repeatedly arises (encapsulated here: http://www.csme.org/news/178847/CSME-Response-to-the-CPSO-Draft-Policy-
Medical-Reports.htm
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.
In a
medical malpractice case, one of the most valuable types of
evidence is that of
opinions of
experts.
The article covers how a judge in the U.S. District Court in Connecticut excluded the plaintiff's
medical causation
expert on Daubert grounds after finding insufficient
evidence of the plaintiff's exposure to the drug, which was necessary to support the
expert's
opinion on specific causation.
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).
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.
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.
If you move forward with a spinal cord injury lawsuit, an attorney can gather
evidence to prove causation by reviewing
medical documents and procedure notes; interviewing witnesses; investigating the surgeon's background; and consulting with
medical malpractice
experts to obtain their
opinions.
Our lawyers will then collect
evidence to support your claim, including
medical records, documents and the
opinions of independent mental health
experts.
Here, Mrs. Cahoon led
expert medical opinion evidence that the collision caused her very serious injuries.
At the Westerhof trial, the trial judge ruled inadmissible
opinion evidence from
experts who had not complied with Rule 53.03 including various
medical practitioners, a neurologist, and a road safety consultant / driving therapist intern.
the Court held that while: «practice guidelines» may be generally respected and therefore relevant considerations in the Court's assessment of the standard of care, they are not intended to, and do not determine the legal standard of care that the Court will impose on a
medical professional, especially where there is
expert opinion evidence on the standard of care with reference to the facts of the particular case.
On this threshold motion, Justice Glustein highlighted the importance of trial
evidence and went through the
expert opinion evidence,
medical documentation and lay witness
evidence in great detail to reach a decision.
An insurance company will often rely upon the
opinion of its own internal
medical experts to decide on whether there is sufficient objective
evidence of a disability.
We work with recognized science and
medical experts to obtain
opinion evidence where necessary and provide strategic counsel to help our clients manage risk.
Royal & Sun Alliance attempted to introduce an
opinion from its own
medical expert as
evidence, but the judge rejected it on the grounds that he was not the treating physician.