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20 Chitty's L.J. 244 (1972)
Statutorily Compelled Self-Criminating Statements

handle is hein.journals/chittylj20 and id is 260 raw text is: Chitty's Law Journal Into an Improved State of Medico- Legal Etiquette WALLEY P. LIGHTBODY The author is a member of the firm of Ray, Wolfe, Connell, Lightbody & Reynolds of Vancouver, B.C. The growing fear that Doctors are opting out of medical-legal cases prompted a two- year investigation on the part of the Insurance Law Subsection of the B.C. Branch of the Canadian Bar Association. Consideration was given to several alternate methods of securing and presenting medical evidence. In each case the key factor taken into consideration was the Doctor's convenience, bearing in mind, of course, the litigant's right to his day in Court with all material witnesses present. Could in- terrogatories be used effectively? How about a type of commission evidence-full examination, cross-examination and re-examination, to be read into evidence at trial? What would be the effect of merely filing the Doctors' reports or having the Doctors agree upon a common report (now done in England)? Would a manda- tory exchange of medical-legal reports result in more settlements and thus less time spent by Doctors in Court? Interrogatories would not be effective and would only increase the time spent by the Doctor. The use of a form of commission or de bene esse evidence would not allow the Court to observe the demeanour of the witness. The Committee felt that depositions also would probably only compound the problem. In addi- tion to writing medical-legal reports, preparing for and attending in Court, the Doctor then becomes subject to attend on what, in effect, amounts to an examination for discovery. This may be of great advantage to lawyers but hardly of any assistance in cutting down time spent by Doctors on medical-legal cases. The conclusion reached was that any system which denied the individual the right to have his Doctors appear in Court and testify on his behalf could result in a miscarriage of justice. Fortunately, the Committee also considered the problem itself. Are Doctors reluctant to treat medical-legal cases and if so why? From a survey conducted into the practices of neuro- surgeons, orthopedic surgeons and plastic sur- geons, a total of 62 Doctors in the greater Vancouver area, it was found that only two or three admitted that they refused to accept medical-legal cases. Some refused to take more than a small number of such cases. Generally speaking, it was found that those who disliked this aspect of practice did so because it was too time consuming and the further complaint expressed was that it conflicted with surgery. Several Doctors did make comments, however, that they would only take referrals from certain law firms and there were some law firms and practitioners they preferred not to deal with. Matters of common courtesy which appear ele- mentary are being overlooked. In some in- stances Doctors were not being informed of cases which had long been settled and indeed, in some cases were attending at the Court House only to find that the case had been settled and that their presence was not re- quired. When a Doctor is advised of a 'trial date he may cancel appointments for half a day or as much as a full day. It doesn't require too much intelligence to see the desirability of remaining in communication with your Doc- tor as the trial approaches and coordinating his time. Although the common desirable practice a- mong counsel seems to be to have all medical evidence taken at the same time, usually at the commencement of the trial, alas, trials do not always commence on the day stated on the notice of trial. Sometimes inconvenience can be avoided by a call to the Registry at 4:30 p.m. the day before the trial or early on the morning of the trial to determine whether 242 September, 1 9 7 2

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