Medical expertise is often at the heart of a claim file, whether in social law or civil law, and particularly in cases of:
Why does it play such an important role?
The importance of forensic expertise
From the outset, you should know that expertise is the first reference tool for both your lawyer and the judge who will decide on your case. Indeed, it allows the various actors involved to better understand the medical condition of the victim, by relying on the expert’s answers to complex questions debated by the parties and formulated by them.
Thus, although the cost of an expertise can be high, and although some cases may require the production of more than one expertise, it is always essential and essential to the success of a recourse against the SAAQ.
The objectivity of an expertise
The Supreme Court of Canada recently listed in the White Burgess Langille Inman v. Abbott and Haliburton Co., the various obligations incumbent on an expert who shares his or her opinion in the service of the judiciary. Thus, the highest court in the country teaches that the testimony given by the expert must be fair, objective, impartial and independent.
However, these characteristics represent not only the main requirements of a valid medical expertise, but also what makes it credible before the courts. Indeed, expertise that fails to possess each of these characteristics will lose all likelihood in the context of litigation.
This explains why the opinion of a family doctor, for example, will not have as much probative value in the context of challenging a decision or taking legal action, as the latter is considered biased towards his patient.
In addition, several other factors and situations can similarly affect the credibility of the expert. In road accident cases, for example, the fact that an expert works solely for the benefit of the SAAQ greatly affects the probative value of the report he produces, while on the other hand, the expert who produces expert opinions for both accident victims and the SAAQ enjoys much better credibility.
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The probative value of an expertise
As a general rule, the more specialized the expert in his field of practice, the more probative value his report will be. Thus, the report of a psychiatrist, for example, will benefit from more probative value than that of a psychologist. Indeed, the psychiatrist, being a specialized doctor, will be much more credible in his field of practice than his analogue who studied psychology.
It should also be noted, in the specific case of the psychiatrist, that he can also decide on the physical sequelae of the victim of the road accident, which the psychologist is not authorized to do.
The expert must also, in the course of his expert report, constantly refer to the documentation consulted in order to formulate his opinion. This makes it possible to determine whether the expert had access to all the relevant information to formulate his or her opinion during the formulation of the opinion. In addition, this practice also makes it possible to establish whether the medical information available to the expert was up to date at the time of writing his report, and whether it is still up to date at the time of the hearing.
However, we can guess that an expert report referring to all the medical information available at the time of its drafting has more probative value than that of:
- Who fails to mention certain relevant elements;
- Which is rendered without the expert having access to all relevant documentation;
- Or that is rendered before the advent of a recent development to the file.
The need for a counter-expertise
Medical expertise is essential to challenge the class of severity granted or to prove a situation of relapse, recurrence or worsening of the victim’s condition in several SAAQ, CNESST and disability insurance cases.
Since the burden of proof lies with the applicant in these cases, a second opinion is necessary to contradict the claims of the administrative body in question.
Similarly, in civil liability claims for compensation for bodily injury, medical expertise is crucial to establish, in a reliable manner, the extent and gravity of the damage suffered by the plaintiff and the causal link between that damage and the fault alleged against the defendant.
How to present a good medical record?
At trial, the judge will consider the various pains and limitations you will share with him for the purposes of his decision, but your testimony will never have the same weight as the opinion of an expert in his field. It is therefore essential that your medical record is documented as much as possible to allow the expert and the court to have all the relevant information in order to establish an opinion and make an informed decision in your case respectively.
It must also be understood that some files may require more than one expertise, whether neurological, psychiatric, orthopedic, or other. It is therefore important to find suitable specialists for your situation.
However, our firm will, in this regard, be able to put together a complete expertise book and ask the appropriate questions to the various experts in order to assert your rights and fully defend your interests.
Indeed, we are used to working with various specialists in our files, who have the required expertise and experience in their field. We will therefore be able to analyze your medical file and refer you to the appropriate expert, according to both your needs and your budget.
Good medical expertise from a competent specialist can really make a difference to your quality of life.
Contact us for more information.
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