While a judge had commendable goals in declaring an end to lawyers’ practice of reviewing draft expert reports, her recent Superior Court decision may have the unwelcome consequence of affecting who counsel retain as experts.
According to Justice Janet Wilson’s conclusions in Moore v. Getahun on Jan. 14, counsel’s practice of reviewing draft expert reports must stop and meetings with experts to go over the reports are no longer acceptable.
In Moore, the plaintiff had developed compartment syndrome and claimed it was as a result of negligent medical treatment he received on his fractured wrist following a motorcycle accident.
Like many experts, the defence medical expert had prepared a draft report and had sent it to his counsel for comments.
In reviewing the expert’s file at trial, plaintiff’s counsel found the draft reports as well as the notes in relation to a 1-1/2 hour telephone conference with defence counsel.
Full article entirled Personal Injury Law: The downside of judge’s ruling via Personal Injury Law: The downside of judge’s ruling on reviewing draft expert reports.
