Doctors shouldn’t be advocates, says Kevin Marshall

Toronto personal injury lawyer Kevin Marshall says Canada should follow a U.K. court decision that abolishes a 400-year-old rule granting expert witnesses immunity from being sued over their participation in legal proceedings.

Marshall, who handles plaintiff side personal injury cases, says he’s “encouraged” by the news from the British Supreme Court. (Read Story)

“I think that there’s been some abuse certainly on the defense side, meaning the insurance industry, on personal injury claims,” says Marshall. “Certain doctors get used over and over again by the same insurance company and there’s a great danger of them becoming advocates.”

Marshall says he frequently sees reports from the same doctors and “as soon as I see their names I can guess what the conclusions of their reports are going to be. They always seem to have the same conclusion, which is that the injured person is not really that badly injured, or they’re badly injured because of something that predates the accident, not the accident itself, or they’re not being truthful. If they’re psychologically impaired it’s not really because of the accident it’s something that predates the accident or they will recover shortly. So it always deflects the blame from the defendant in the action.”

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