‘Inappropriately Dismissive” and “Close-Minded” Defense Doctor Opinion Judicially Criticized
Adding to this site’s archived posts of judicial criticism of expert witness advocacy, reasons for judgment were published today finding a defence doctor’s opinion to be “of little value” in an injury claim.
In today’s case (Lambert v. Tiwana) the plaintiff was involved in two collisions and claimed damages. The Defendants admitted fault in both claims. The Plaintiff suffered a myofascial shoulder injury with persistent symptoms. In the course of the lawsuit the Defendants had the Plaintiff examined by an orthopaedic surgeon who provided an opinion minimizing the plaintiff’s injuries. In finding the ‘close-minded‘ and ‘inappropriately dismissive‘ opinion of little value Madam Justice Adair provided the following reasons: