Anatomy of a Medical Expert 2014


Course Date: May 23, 2014

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

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