"Analytically Weak" Expert Report Criticized in Brain Injury Prosecution

Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, criticizing an expert report characterizing it as ‘analytically weak’.
In the recent case (Anderson v. Kozniuk) the Plaintiff was involved in a pedestrian/vehicle collision.  Both parties were found partially at fault.  The Plaintiff suffered some orthopaedic injuries and also alleged the collision caused a traumatic brain injury.  The Court heard competing evidence regarding this and ultimately concluded that no brain injury occurred as a result of the crash.  In rejecting the Plaintiff’s evidence the Court provided the following critical comments about the expert evidence in support of the claim:
[128]     Dr. Ancill greatly diminished or completely ignored clinical records, such as the ambulance Crew Report and Royal Columbian Hospital clinical records. His explanation for doing so was the people filling those forms probably asked the wrong question of Mr. Anderson (“what happened?” instead of “what do you remember?”). Dr. Ancill does not know and did not enquire what questions were asked by the people who completed the clinical records. He simply assumed the wrong question was asked and ignored their observations. In my view, Dr. Ancill has exaggerated the importance of which question is asked, especially when interviewing a patient years after the Accident.
[129]     Dr. Ancill took all of Mr. Anderson’s and his mother’s description of Mr. Anderson’s changed behaviours at face value. Obviously, psychiatric assessment relies heavily on patient’s self-report. But it is expected that psychiatrists will exercise their skills and knowledge to assess the subject’s mood and behaviour in light of all circumstances, especially medically significant factors, in order to reach an accurate diagnosis. In my view, Dr. Ancill did not do that. I find that he summarily dismissed or greatly diminished the importance of objective evidence recorded close in time to the Accident and recorded by people trained to assess patients’ conditions for injury (the clinical records). This treatment of the clinical records is, in my view, highly problematic…
[131]     It is curious that Dr. Ancill suggested that even a “brief” loss of consciousness (in this case he assumed as little as 30 seconds) was medically significant. This was expressly contradicted by Drs. Siu, Prout and O’Shaughnessy who stated a “brief” period of loss of consciousness or disorientation that typically accompanies a mild traumatic brain injury would be about between 15 and 30 minutes. There is simply no evidence that Mr. Anderson was either unconscious or disorientated within the 30 minutes following the Accident, or at all.
[132]     Dr. Ancill also ignored or gave little relevance to factors that may very well have impacted his opinion, such as Mr. Anderson’s anxiety and his history of alcohol use.
[133]     Dr. Ancill provided a rebuttal report. Rather than respond to Dr. O’Shaughnessy’s criticisms of his methodology and conclusions, Dr. Ancill merely provides a clarification of his earlier report. In my view, the second report does not clarify the first report, and it is unhelpful. I place no weight on it…
[135]     Overall, I find Dr. Ancill’s evidence unreliable for all the reasons above. I also find his expert report analytically weak. Many conclusions are stated with little reasoning. His rebuttal report in particular is akin to an argument justifying his earlier conclusions rather than a response to Dr. O’Shaughnessy’s significant criticisms of his methodology and medical reliability. I place minimal weight on Dr. Ancill’s evidence.
 

Anderson v. Kozniuk, bc injury law, Madam Justice Sharma

Comments (51)

  • I just want to tell you that I am just all new to blogging and site-building and absolutely liked you’re web page. Likely I’m planning to bookmark your website . You definitely come with really good well written articles. Kudos for sharing with us your webpage.

  • I keep listening to the news update lecture about getting free online grant applications so I have been looking around for the finest site to get one. Could you tell me please, where could i acquire some?

  • I appreciate, cause I found just what I was looking for. You’ve ended my 4 day long hunt! God Bless you man. Have a great day. Bye

  • We are a group of volunteers and starting a new scheme in our community. Your site offered us with valuable information to work on. You have done an impressive job and our entire community will be grateful to you.

  • Wow that was unusual. I just wrote an really long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyways, just wanted to say wonderful blog!

  • This design is incredible! You certainly know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Great job. I really loved what you had to say, and more than that, how you presented it. Too cool!

  • Great blog here! Also your web site loads up fast! What web host are you using? Can I get your affiliate link to your host? I wish my website loaded up as fast as yours lol

  • You could definitely see your skills in the work you write. The arena hopes for more passionate writers such as you who are not afraid to mention how they believe. Always follow your heart. “In America, through pressure of conformity, there is freedom of choice, but nothing to choose from.” by Peter Ustinov.

  • Thanks, I have recently been looking for info about this subject for a while and yours is the greatest I have discovered till now. However, what in regards to the conclusion? Are you positive about the supply?

  • I’ll right away grab your rss as I can’t find your e-mail subscription link or e-newsletter service. Do you have any? Please let me know so that I could subscribe. Thanks.

  • of course like your web site but you need to test the spelling on several of your posts. Several of them are rife with spelling issues and I in finding it very troublesome to tell the truth on the other hand I’ll certainly come again again.

  • Just desire to say your article is as astonishing. The clarity in your post is just nice and i can assume you’re an expert on this subject. Well with your permission allow me to grab your feed to keep up to date with forthcoming post. Thanks a million and please carry on the gratifying work.

  • I have not checked in here for a while as I thought it was getting boring, but the last few posts are great quality so I guess I’ll add you back to my daily bloglist. You deserve it my friend 🙂

  • I beloved as much as you will obtain carried out proper here. The caricature is tasteful, your authored subject matter stylish. nevertheless, you command get bought an impatience over that you would like be delivering the following. unwell without a doubt come further earlier once more as exactly the same just about a lot continuously inside case you protect this increase.

  • Great blog! Do you have any recommendations for aspiring writers? I’m hoping to start my own site soon but I’m a little lost on everything. Would you suggest starting with a free platform like WordPress or go for a paid option? There are so many options out there that I’m completely confused .. Any suggestions? Appreciate it!

  • It’s really a great and useful piece of info. I am glad that you just shared this useful info with us. Please keep us informed like this. Thank you for sharing.

  • I want to express appreciation to you for rescuing me from this type of instance. Right after surfing through the online world and meeting views which were not helpful, I thought my entire life was gone. Existing minus the solutions to the problems you’ve sorted out by means of your good blog post is a crucial case, and ones which might have in a negative way affected my career if I had not discovered the blog. Your own ability and kindness in playing with almost everything was very helpful. I am not sure what I would have done if I had not discovered such a subject like this. It’s possible to at this moment look forward to my future. Thanks for your time very much for your reliable and amazing guide. I will not hesitate to endorse the blog to any person who needs and wants recommendations on this topic.

  • My spouse and i felt really joyful when Raymond managed to finish up his investigations through the ideas he had out of your weblog. It’s not at all simplistic to just be making a gift of facts that many a number of people might have been making money from. And we also grasp we have got the blog owner to thank for that. The main illustrations you have made, the straightforward web site menu, the friendships you can help engender – it is all sensational, and it is leading our son and our family understand that subject matter is cool, and that’s exceptionally vital. Thanks for the whole thing!

  • I discovered more something totally new on this fat loss issue. 1 issue is a good nutrition is highly vital while dieting. A massive reduction in junk food, sugary food, fried foods, sugary foods, red meat, and whitened flour products can be necessary. Keeping wastes parasitic organisms, and poisons may prevent desired goals for losing weight. While certain drugs quickly solve the problem, the horrible side effects are not worth it, plus they never present more than a short-lived solution. This can be a known proven fact that 95 of celebrity diets fail. Many thanks for sharing your notions on this weblog.

  • Great write-up, I’m regular visitor of one’s web site, maintain up the excellent operate, and It’s going to be a regular visitor for a lengthy time.

  • hello!,I really like your writing very a lot! proportion we communicate extra about your article on AOL? I require a specialist on this house to solve my problem. Maybe that’s you! Looking ahead to peer you.

  • I’m not positive the place you are getting your info, but good topic. I needs to spend a while learning more or working out more. Thank you for magnificent information I used to be in search of this info for my mission.

  • Just want to say your article is as surprising. The clarity in your post is just great and i could assume you are an expert on this subject. Fine with your permission allow me to grab your RSS feed to keep updated with forthcoming post. Thanks a million and please carry on the enjoyable work.

  • You actually make it seem so easy along with your presentation but I to find this matter to be really one thing which I believe I’d by no means understand. It sort of feels too complex and very vast for me. I am having a look forward for your next put up, I¡¦ll try to get the dangle of it!

  • As I web-site possessor I believe the content matter here is rattling excellent , appreciate it for your hard work. You should keep it up forever! Best of luck.

  • I have figured out some new points from your web-site about pc’s. Another thing I have always assumed is that laptop computers have become an item that each home must have for several reasons. They provide convenient ways in which to organize the home, pay bills, shop, study, focus on music and in some cases watch tv programs. An innovative solution to complete these types of tasks is to use a computer. These computers are mobile, small, strong and portable.

  • I like what you guys are up also. Such intelligent work and reporting! Carry on the excellent works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my web site 🙂

  • I do accept as true with all of the concepts you have presented for your post. They’re very convincing and will definitely work. Nonetheless, the posts are too short for newbies. Could you please lengthen them a little from next time? Thank you for the post.

  • My brother suggested I might like this website. He was once totally right. This publish truly made my day. You cann’t imagine just how so much time I had spent for this info! Thank you!

  • Heya i’m for the first time here. I came across this board and I find It truly useful & it helped me out a lot. I hope to give something back and help others like you helped me.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer