This decision opens the door, albeit in obiter, to precluding experts with prior judicial findings of bias from conducting defence medical examinations and giving evidence at trial.
medical Tag Archives
Dimopoulos v. Mustafa et al, 2016 ONSC 429
Threshold motion which considered competing Orthopedic expert reports. Court preferred more extensive, functional approach to impairment used by Plaintiff’s expert.
Nikolakakos v. Hoque, 2015 ONSC 4738 (CanLII)
Letter of instruction to defence medical/legal expert not ordered produced until defendant decides to call that expert at trial.
Medical Negligence: It’s Never an Open and Shut Case
When a person has suffered because of an obvious error by a health care professional, the comment often said to me is, “It’s an open and shut case.” When it comes to medical negligence litigation, there is no such thing. A medical negligence lawsuit is different from other personal injury cases in at least one critical way; the plaintiff is often already unwell before the …
Discovering a Claim of Medical Negligence
An injured party and their family have a time limit within which to bring a lawsuit to get someone like Lawsuit Legal to recover damages or losses relating to an injury. The time limit for doing so in the Province of Ontario is usually 2 years from when the claim was discovered or reasonably discoverable (the “limitation period”). Many assume that claims are discovered (and …
Ziebenhaus v. Bahlieda, 2015 ONCA 471
Released June 24, 2015 | CanLII In this decision, the Court of Appeal considered the inherent jurisdiction of the court to order a party to undergo a defence medical examination by someone who is not a “health practitioner” as defined by s. 105 of the Courts of Justice Act. The Court acknowledged at the outset that there was conflicting case law on the issue. The …
