In his report, the physician must clearly state and distinguish what the applicant, counsellor, therapist, nurse said and under what circumstances. He must keep the narrative in order and record the course of events continuously. If there are long, inexplicable gaps in which very little has happened medically – “medical silence” – he must explain why. He must refrain from giving a personal opinion when discussing the facts, even if he disagrees with the medical decisions made in the case. An objective, objective and worthless presentation of the case is always required. The physician will find this assertion much easier to defend if he is asked to explain his written report orally to the court. When questioned by the opposition lawyer, the medical expert can expect to be protected by his lawyer if the interrogation takes place outside the base. There is no need to quarrel with opposing lawyers. CMO write this person 100% visually stimulating so why not for medical legal cases. Forensic legal certificate issued after all physical examinations and this certificate of disability is issued after all eye tests, so what fact confuses in mind CMO he does not write for medical legal purposes Although the main duty of the doctor is to clearly explain the medical side of things, that of the lawyer is to argue and win the argument for his client.
The lawyer relies on the doctor to provide him with the necessary medical information, which he integrates into a legal thesis that he hopes will convince the arbitral tribunal of the accuracy of his testimony on behalf of his client. The idea is that neither the doctor nor the lawyer should see themselves as individuals, but as members of a team of investigators and interpreters who work together to shed light on the true nature of the dispute, to allow the judge to be well informed, to weigh the arguments, to see the truth and to find his side. Hard and honest work and common sense usually provide the tools to build a successful case. Teamwork is essential, neither the doctor nor the lawyer tries to surpass themselves. Winning for the customer is key. The predetermined rules of the legal system, which have already been established and improved over the years, if properly nourished and well-oiled, will provide the energy needed to complete the case and allow for an orderly and convincing presentation of the facts. Regardless of the quality of the arguments, the final decision always rests with the judge or jury. If a party feels justice has been denied, there is always the appeal process to rely on. The physician who is attracted to medico-legal issues is usually a specialist in practice for at least 10 years (orthopaedics and psychiatry are the most common) and begins to take cases (expert opinions) from publicly funded institutions such as the Workers` Compensation Board, provincial auto insurance, Pension Board, military.
Over time, depending on its performance and reputation, other agencies may call: insurance companies, individual law firms, medical protection agencies, unions. While different clients want the same answers, each one formulates its questions differently to achieve its goals, and each creates different guides for assessing permanent disability. The old adage “caveat emptor” for the employee, perhaps thinly veiled, is still present. To explain the possible cause-and-effect relationships, the expert is guided by the type and intensity of the trauma, the time elapsed between the event and the complaint, the associated events before and after, the consistency of the impact – anatomical location – and the nature of the injury sustained, the quantity and quality of symtomatology, the premorbid state of the applicant, the natural history of the disease, and any other related diagnosis and treatment. It includes specialist medical advice obtained by the attending physician during medical treatment. It reports the results of laboratory tests and X-rays. He concludes things with a summary and conclusions, and then answers the client`s questions. He does not venture into areas that are not in demand, although he should write them down mentally and be prepared, if the opposition wants to answer them, to answer those questions with convincing arguments. Your complaint is not clear to me. The certificate of invalidity can be used in court, depending on the relationship between the prayer clause and the certificate.
If the certificate of invalidity was issued when the applicant has not fulfilled the condition precedent, his appointment may be challenged in the High Court, which may declare it unlawful. The world of forensic expertise can be both medically beneficial for the candidate and a compelling and interesting medical practice for the expert. A well-done expertise that includes accurate medical information and gives objective and clear answers to the questions asked usually determines the right path for an injured worker after an injury and can thus serve as a liberating and even therapeutic force.
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