The Medium Is The Message
Independent medical evaluations (IMEs) are a critical aspect of personal injury cases in Ontario, and the right evaluator can make all the difference in the outcome of a case. As a plaintiff lawyer or law firm, it's important to choose a qualified evaluator to ensure that the assessment is fair, unbiased, and accurate. In this article, we'll provide tips and best practices for choosing a qualified evaluator for IMEs in Ontario.
Look for specialized expertise
One of the most important factors to consider when choosing an evaluator for an IME is their expertise. Look for an evaluator who has experience and training in the specific type of injury or condition that's relevant to your case. For example, if your client has suffered a mild to moderate traumatic brain injury, you'll likely want to start with an evaluator who has specialized training and experience in this area of neurology.
Of course, with many injuries and patient challenges, the reality is that more than one kind of physician may be involved in the plaintiff's care, and an equal or greater number of experts may be needed to help explain the plaintiff's condition to the court. In the case of the plaintiff with mild to moderate brain injury, if the patient suffered a fracture to their skull, a surgeon may be helpful, if the patient has suffered functional or capacity issues as a result of their injury, a neuropsychology evaluation may help to articulate these challenges to the court...
Part of the art of advocacy is how you present a story or a case to the court, and the types of experts that are chosen can make all the difference when making a case.
Consider their qualifications and certifications
It's important to choose an expert or evaluator who is qualified and certified in their field. Look for an evaluator who has relevant professional certifications, such as the Canadian Society of Medical Evaluators (CSME) or the International Association of Independent Medical Examiners (IAIME). You should also consider their academic background, check the relevant colleges and regulatory body websites to see if their license is in good standing or if they have any disciplinary issues outstanding. You'd also want to check with Canlii and with colleagues to get a sense of the expert's history when conducting IMEs.
Check their reputation and reviews
When choosing a medicolegal expert evaluator, it's important to check their reputation and reviews from other lawyers and clients. An evaluator who has a positive reputation in the legal community and has experience working with both plaintiff and defence lawyers - whose work reflects a genuine loyalty to the court - is always a good choice. They may not always tell you what you want to hear, but they will tell you what you need to hear to get to the heart of the matter at hand and will ultimately help you prepare accordingly. You can check reviews on websites like Avvo, Canlii, OTLA, Google Reviews, and LinkedIn.
Ensure they have the necessary qualifications for legal assessments
When selecting an evaluator for a medicolegal assessment, ensure the evaluator is licensed to perform the type of assessment being requested, is knowledgeable about the legal framework in which the assessment is taking place, and has experience providing assessments for legal purposes. The term "they've been in the box" is one we've heard often.
It's a bit of a catch-22: lawyers will or should always want experts who have been verified as experts by the court before, who have experience being cross-examined on their reports and work, and who have had their testimony (reports and cross-examination questions) rested on by the judge or jury. Lawyers, however, sometimes want to work with doctors or experts who are fairly new with expert work, so they can help mentor and shape the way the expert prepares reporting or sees the medicolegal world. Either way, with less than 1% of personal injury litigation matters actually making it through court, there's a very slim chance that an expert will have the opportunity to actually have the chance to earn the trust of a judge in court through this process.
Also, of course, some experts are happy to write reports but not happy to be cross-examined on their opinions. This should always be a bit of a yellow flag to counsel who are seeking a defendable and reasonable opinion offered by a confident and clear expert.
Look for effective communication skills
Effective communication skills are
essential when it comes to working with an evaluator. You'll want to find an expert who can communicate clearly and effectively with the court and with your client, and who can explain their findings in a way that is easy to understand. Look for an evaluator who is responsive to your questions and concerns and who can provide clear and concise reports.
Last thoughts
The right expert or experts can help ensure that your client receives the compensation they deserve... however, what they deserve - and the thresholds that need to be met to substantiate liability - all demand that you, as their advocate, clearly paint the picture of their condition, causation and future. The experts you choose will tell the defendant and the court as much about your case as the reports themselves. Remember, when it comes to experts, the medium is a key part of the message!