Anatomy of a Medical Expert

(Original course: Friday, May 23, 2014)

Who should attend: Personal injury and general civil litigation counsel, both plaintiff and defence.

Course Chairs
James M. Lepp, QC — Harper Grey LLP, Vancouver
Carla L. Forth, QC — Guild Yule LLP, Vancouver

Faculty
The Honourable Mr. Justice Peter M. Willcock — Court of Appeal for BC, Vancouver
Guy J. Collette — Collette Parsons Harris, Vancouver
Dr. Garry Feinstadt — Physician and Surgeon, Vancouver
Carla L. Forth, QC — Guild Yule LLP, Vancouver
James M. Lepp, QC — Harper Grey LLP, Vancouver
Paul T. McGivern — Pacific Medical Law, Vancouver
Barbara J. Norell — Harper Grey LLP, Vancouver
Dr. Roy J. O’Shaughnessy — Clinical Professor, Department of Psychiatry, University of BC, Vancouver
Albert M. Roos, QC — Sugden, McFee & Roos LLP, Vancouver

The Morning Rounds: Welcome and Introduction

James M. Lepp, QC — Harper Grey LLP, Vancouver
Carla L. Forth, QC — Guild Yule LLP, Vancouver

The Scalpel or Bone Saw: Choosing Your Expert

• considerations on whether to use an expert who has been frequently used or who is an unknown quantity
• factors that should be reflected on when using a local versus out of town medical expert
• what “weight” should be placed on prior judicial comments
• when should you avoid retaining a particular expert
• how many experts should or can a party retain—any limits?
• vetting the experts’ CV

Barbara J. Norell — Harper Grey LLP, Vancouver 

Sterilizing Your Instruments: Protecting Your Medical Expert from Reasonably Forseeable Harm

• bias and advocacy: when is an expert not independent?; when is it just a problem of weight or admissibility
• common errors in expert reports
• common errors on the stand

Guy J. Collette — Collette Parsons Harris, Vancouver

Networking Break

Do No Harm (To Your Case): The Role of the Lawyer in Instructing the Medical Expert

• counsel's role in instructing an expert concerning elements of an admissible report
• what advice should we give the expert regarding maintaining a complete file?
• providing your expert with complete examination for discovery transcripts versus providing assumed facts drawn from those transcripts: what is the best practice?—pros and cons
• draft report dos and don'ts; when should we ask for a first draft, and what, if any, discussion should take place between a lawyer and expert before and after the first draft and subsequent drafts are prepared?

Albert M. Roos, QC — Sugden, McFee & Roos LLP, Vancouver

Body in Question: The Expert Report

• the new rules
  • the technical requirements of a report under the new rules
• a properly qualified expert
  • different medical specialties
  • jurisdictional issues
  • “in the trenches” vs. “ivory tower” experts
  • treating physicians as experts
• the factual assumptions—the foundation of the assumptions
  • medical records—how much is too much
  • discovery transcripts—to give or not to give
  • assumptions provided by counsel—are they required
  • irreconcilable conflicts in the evidence regarding facts—how should the expert handle them
• the opinion—things to watch for
  • literature
    • use by the expert and use by counsel in cross
  • the use of “summaries”—can you still do it?
  • is the report the expert’s examination-in-chief, or can the expert testify in-chief orally?

Paul T. McGivern — Pacific Medical Law, Vancouver

Sustenance—Nourishment and Sustaining Life: Lunch (on your own)

The Autopsy: The Critical Review of Expert Opinions at Trial

• mock cross-examinations of two medical experts
• critical questions and audience participation

The Honourable Mr. Justice Peter M. Willcock — Court of Appeal for BC, Vancouver

James M. Lepp, QC — Harper Grey LLP, Vancouver
Dr. Garry Feinstadt — Physician and Surgeon, Vancouver

Carla L. Forth, QC — Guild Yule LLP, Vancouver
Dr. Roy J. O’Shaughnessy — Clinical Professor, Department of Psychiatry, University of BC, Vancouver

The Post Mortem: Larger Lessons Regarding Medical Experts

• panel discussion with doctors and lawyers
• the view from the bench

The Honourable Mr. Justice Peter M. Willcock — Court of Appeal for BC, Vancouver
  
Carla L. Forth, QC — Guild Yule LLP, Vancouver
Dr. Garry Feinstadt — Physician and Surgeon, Vancouver

James M. Lepp, QC — Harper Grey LLP, Vancouver
Dr. Roy J. O’Shaughnessy — Department of Psychiatry, University of BC, Vancouver

Networking Break

A Pound of Prevention: Insights from Counsel and Medical Experts

• what doctors want lawyers to know
• what lawyers want doctors to know
• best practices for working together

Dr. Garry Feinstadt — Physician and Surgeon, Vancouver
Carla L. Forth, QC — Guild Yule LLP, Vancouver
James M. Lepp, QC — Harper Grey LLP, Vancouver
Dr. Roy J. O’Shaughnessy — Department of Psychiatry, University of BC,  Vancouver

The Final Round: Closing Remarks