Legal Question in Personal Injury in Canada
legal advice
I've been receiving treatments for 4 years from a Chiropractic doctor and a RMT in his office (who is also a doctor of Chinese medicine but who isn't functioning as one because he hasn't yet obtained reciprocity in our country for his doctorate) for injuries I sustained while shopping. The store's insurance lawyer paid for an independant evaluation from a doctor of his choosing, but he chose a doctor that was felt (by my doctors) not to be the appropriate specialty to do a complete evaluation of my total injury picture. The IM examiner made a statement in his report, that I have a history of somatoform illness (!) even though the term 'somatoform' doesn't appear anywhere in my medical history (I'm a Psyche Nurse with a 25 year history as an ower/operator of a private facility.) He also said that he doubted that my Piriformis injury was the result of the accident even though it is well known that the type of accident I had, is the classic cause of Pirformis injury. I'm due for a complete evaluation from a government paid Physiatrist in a few weeks. Will the Physiatrist's report have more weight than the IM assessment in court? Am I able to challenge his statements?
1 Answer from Attorneys
Re: legal advice
The weight to be accorded to any report is decided by the Judge at the trial after hearing from all the witnesses. Your lawyer is able to challenge the physiatrist's report and the physiatrist's qualifications in court at the trial. In British Columbia your lawyer must give notice within a specified time period that the author of the report is required to attend for cross-examination.
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