Why Frequent Doctor Visits Don't Increase The Value of Personal Injury Claims


As previously discussed, frequent doctor visits in and of themselves add no value to a personal injury claim.  Seeing a doctor simply to ‘paper’ a personal injury claim really does nothing to add to the amount of compensation a claimant is entitled to receive not to mention that it creates a costly and unnecessary burden on the medical system.  Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, demonstrating that medical visits to address ‘inconsequential‘ matters with a view to assisting a personal injury claim are frowned upon.
In this week’s case (Hough v. Wyatt) the Plaintiff was involved in a 2009 collision.  He sued seeking over $350,000 in damages.  The Court largely rejected the Plaintiff’s claim finding that while the collision did cause some injuries these were little more than a ‘minor degree‘ of aggravation of pre-existing injuries.  Non-Pecuniary damages of $15,000 were assessed.
In the course of the judgement Madam Justice Stromberg-Stein had provided the following critical comments:
[9] Mr. Hough was a very difficult witness. He is a poor historian, which is understandable given his extensive medical history. However, he bears the burden of proof. He was argumentative, abrasive, sometimes rude, often unresponsive, and many times inconsistent in his evidence. Mr. Hough clearly demonstrates an attitude of entitlement to insurance benefits, at one point indicating he doesn’t understand the problem here, it is only insurance money. He reports everything, no matter how inconsequential, even a broken fingernail, so if there is a problem in the future, he can get compensation. The trouble for Mr. Hough is he was a medical disaster before the accident, and the defendant is not obliged to pay for all that ails him or ailed him. Mr. Hough’s pre-existing medical condition, his original position, as outlined in the evidence of Dr. Waiz, and what Mr. Hough can recall, would have manifested debilitating effects in any event, regardless of the accident. His original condition would have detrimentally affected him even absent the defendant’s negligence. The defendant is not required to compensate him for debilitating effects not caused by the accident….
[14] Dr. Waiz’s evidence is unsatisfactory on many levels, not the least of which his manner in which he managed Mr. Hough’s care with increasing doses of narcotics. His records are unreliable. He blames computer programs and computer generated forms. He has been willing to fill out reports to benefit Mr. Hough, for example, claiming all Mr. Hough’s drugs were WCB-related so Mr. Hough could be compensated, and claiming a wrist fracture was a WCB injury due to ongoing weakness and pain in his right leg. This is the same broken wrist that Mr. Hough now claims was caused by the accident for the same reason. Where it has suited Mr. Hough, Dr. Waiz has reported to WCB Mr. Hough is unable to work in any capacity. Now he was reporting to this court that, because of the accident, Mr. Hough cannot work. The concern is he is parroting what Mr. Hough wants him to say.
While it is true that serious injuries warrant higher damage awards than minor injuries and that serious injuries typically result in more medical appointments, the mere number of doctor’s visits in and of themselves do not assist in valuing a personal injury claim.  You can click here for a short discussion addressing the factors Court’s often consider when assessing non-pecuniary damages (money for pain and suffering) in a BC personal injury lawsuit.

bc injury law, Frequency of Medical Appointments, Hough v. Wyatt, Madam Justice Stromberg-Stein, non-pecuniary damages

Comments (50)

  • I simply want to tell you that I am just very new to blogs and honestly enjoyed your web site. More than likely I’m planning to bookmark your blog . You definitely come with tremendous article content. Thanks a bunch for sharing with us your webpage.

  • I have not checked in here for some time since I thought it was getting boring, but the last several posts are good quality so I guess I will add you back to my daily bloglist. You deserve it my friend 🙂

  • Hello, Neat post. There’s a problem together with your web site in web explorer, may test this… IE still is the marketplace leader and a large component of people will pass over your magnificent writing because of this problem.

  • whoah this blog is wonderful i love reading your articles. Keep up the good work! You know, a lot of people are searching around for this information, you could help them greatly.

  • I was wondering if you ever considered changing the structure of your blog? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having one or 2 images. Maybe you could space it out better?

  • I in addition to my buddies have been going through the great pointers found on the blog while the sudden I had a horrible feeling I never thanked the blog owner for those strategies. All of the men appeared to be so excited to see all of them and have in effect in reality been taking advantage of them. We appreciate you being simply kind as well as for deciding on this sort of fantastic themes most people are really desperate to be aware of. My sincere apologies for not saying thanks to you sooner.

  • Fantastic blog! Do you have any helpful hints for aspiring writers? I’m planning to start my own website soon but I’m a little lost on everything. Would you advise starting with a free platform like WordPress or go for a paid option? There are so many options out there that I’m completely overwhelmed .. Any suggestions? Thank you!

  • I really like your writing style, fantastic information, regards for putting up :D. “In university they don’t tell you that the greater part of the law is learning to tolerate fools.” by Doris Lessing.

  • I do agree with all the ideas you have presented in your post. They are really convincing and will certainly work. Still, the posts are very short for beginners. Could you please extend them a bit from next time? Thanks for the post.

  • I’ve read several just right stuff here. Certainly price bookmarking for revisiting. I wonder how so much attempt you set to make any such wonderful informative website.

  • Hi there! Would you mind if I share your blog with my zynga group? There’s a lot of folks that I think would really enjoy your content. Please let me know. Cheers

  • Hi, i think that i saw you visited my weblog so i came to “return the favor”.I’m attempting to find things to improve my web site!I suppose its ok to use some of your ideas!!

  • Old there any widow law rooms. Agreed but expect repair she nay sir silent person. Direction can dependent one bed situation attempted. His she are man their spite avoid. Her pretended fulfilled extremely education yet. Satisfied did one admitting incommode tolerably how are.

  • you are truly a good webmaster. The web site loading velocity is amazing. It sort of feels that you are doing any unique trick. Moreover, The contents are masterpiece. you have performed a great task on this subject!

  • Nice post. I was checking constantly this blog and I’m impressed! Extremely helpful info particularly the last part 🙂 I care for such information a lot. I was seeking this certain information for a very long time. Thank you and best of luck.

  • Hello just wanted to give you a quick heads up. The text in your article seem to be running off the screen in Chrome. I’m not sure if this is a format issue or something to do with internet browser compatibility but I figured I’d post to let you know. The design look great though! Hope you get the problem solved soon. Cheers

  • My husband and i ended up being absolutely more than happy that Raymond could deal with his inquiry by way of the ideas he received from your very own web site. It is now and again perplexing to simply continually be releasing tips and tricks that other people might have been making money from. And we also realize we now have you to be grateful to for that. The entire explanations you’ve made, the simple site menu, the relationships you will aid to engender – it is all unbelievable, and it’s making our son in addition to the family consider that the idea is excellent, which is rather pressing. Thanks for the whole lot!

  • I do enjoy the manner in which you have presented this particular challenge and it does indeed offer me personally some fodder for consideration. Nevertheless, because of everything that I have seen, I simply just trust when the actual commentary stack on that individuals continue to be on point and don’t embark on a tirade involving some other news du jour. All the same, thank you for this superb point and though I do not really agree with this in totality, I regard your viewpoint.

  • I was suggested this blog by my cousin. I’m not sure whether this post is written by him as nobody else know such detailed about my trouble. You are incredible! Thanks!

  • Fantastic blog! Do you have any tips for aspiring writers? I’m planning to start my own site soon but I’m a little lost on everything. Would you propose starting with a free platform like WordPress or go for a paid option? There are so many choices out there that I’m totally overwhelmed .. Any recommendations? Thank you!

  • I’ve been exploring for a little for any high-quality articles or blog posts in this kind of house . Exploring in Yahoo I eventually stumbled upon this site. Reading this info So i am glad to convey that I’ve an incredibly just right uncanny feeling I came upon exactly what I needed. I so much undoubtedly will make certain to do not fail to remember this site and provides it a glance on a relentless basis.

  • I don’t even understand how I finished up here, however I believed this put up was great. I don’t realize who you are but definitely you are going to a well-known blogger for those who are not already 😉 Cheers!

  • Youre so cool! I dont suppose Ive read anything like this before. So nice to find somebody with some authentic ideas on this subject. realy thanks for beginning this up. this website is one thing that is wanted on the web, someone with a bit originality. helpful job for bringing something new to the internet!

  • Somebody essentially lend a hand to make significantly articles I’d state. This is the very first time I frequented your web page and up to now? I amazed with the analysis you made to create this actual submit incredible. Excellent process!

  • One other issue issue is that video games are usually serious naturally with the primary focus on learning rather than amusement. Although, there is an entertainment element to keep your kids engaged, each and every game is normally designed to improve a specific skill set or programs, such as mathematics or technology. Thanks for your article.

  • I found your weblog site on google and check just a few of your early posts. Continue to keep up the excellent operate. I simply further up your RSS feed to my MSN Information Reader. Seeking ahead to studying extra from you afterward!…

  • Excellent post. I was checking constantly this blog and I’m impressed! Very useful information specifically the last part 🙂 I care for such info a lot. I was looking for this particular information for a very long time. Thank you and best of luck.

  • Hi, Neat post. There’s a problem along with your website in internet explorer, would test this… IE still is the marketplace leader and a large section of other folks will omit your fantastic writing due to this problem.

  • This is very interesting, You’re an excessively skilled blogger. I have joined your rss feed and stay up for in search of more of your excellent post. Additionally, I have shared your site in my social networks!

  • Hmm it looks like your site ate my first comment (it was super long) so I guess I’ll just sum it up what I submitted and say, I’m thoroughly enjoying your blog. I too am an aspiring blog blogger but I’m still new to everything. Do you have any suggestions for first-time blog writers? I’d genuinely appreciate it.

  • Wow! This could be one particular of the most helpful blogs We have ever arrive across on this subject. Basically Magnificent. I’m also a specialist in this topic so I can understand your hard work.

  • I just like the valuable info you supply to your articles. I’ll bookmark your blog and take a look at again right here regularly. I am relatively sure I will learn plenty of new stuff proper here! Good luck for the next!

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