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Negligent Medico-Legal Opinion? Dr. Ford Says Experts Should be Sued
Earlier this year I wrote about the UK Supreme Court decision stripping expert witnesses from immunity from lawsuits when they provide careless opinion evidence.
Some of my comments on this topic were picked up by the Law Times News where I exchanged my views that Canada should follow the UK’s example. Â These views must have the medical community up in arms, right? Â Surprisingly the answer appears to be no.
A follow up article published in the Law Times was recently brought to my attention where Dr. Michael Ford weighed in on the debate. Â Interestingly he agreed that these lawsuits should be allowed arguing that they would bring an important element of accountability to the medico-legal process. Â Specifically he stated as follows:
I like Britain’s approach because everyone, including expert witnesses, should be responsible for their actions.
That may seem simplistic, but if Canada adopted this approach, I would have no problem. It’s only fair. For example, if I assault someone on the street, I should pay the price.
By the same token, if I make an error or I provide care that’s below standard, I should be held responsible and I am. I don’t see why that responsibility should disappear because I’m now acting as an expert on the witness stand in court.
You can click here to read Dr. Ford’s full article. Â As always, I welcome comments from any other doctors and lawyers (or anyone interested in this topic). Â Feel free to weigh in on the debate.
This site is created by MacIsaac & Company, a British Columbia Personal Injury Lawfirm. This website is not affiliated in any way with the Insurance Corporation of British Columbia (ICBC).This web site is made possible through funding provided by the British Columbia law firm MacIsaac and Company. bc-injury-law.com is designed to empower individuals to better understand their ICBC Claim and the process involved in dealing with ICBC. This web site is offered for information only and is not claim-specific legal advice. Use of the site and sending or receiving information through it does not establish a solicitor / client relationship. Links to and from this website do not state or imply a relationship between MacIsaac and Company and the linked entity.
August 22nd, 2011 at 12:19 pm
This is a great debate topic in the world of medico-legal assessments, thanks for bringing it to the attention of others Erik!
Objectivity and experience are the two main keys when trying to drill down to the level of understanding that is required for determining reasonable compensation in any injury lawsuit - this is why independent third party opinion should ALWAYS be utilized.
Once an expert signs the report they should be required to take 100% responsibility for the opinion they provide, no questions asked. If they are not willing to do that, they are likely in the wrong business for all the wrong reasons. It is a disservice to the injured person to not provide them with the respect and expertise they deserve.
August 22nd, 2011 at 12:26 pm
Thanks for your comments. Given that your company can be viewed as a ’stakeholder’ in this topic your views are much appreciated.
Yours truly,
Erik
August 23rd, 2011 at 8:50 am
No problem, love the blog! Lots of great topics on here Erik, good to hear from your perspective.
September 19th, 2011 at 6:53 am
[…] v. Kaney points in that direction, and one expert in Canada says, “Bring it on” (via Erik Magraken): I like Britain’s approach because everyone, including expert witnesses, should be responsible […]