The Morning Rounds: Welcome and Introduction
James M. Lepp, QC — Harper Grey LLP, Vancouver
Carla L. Forth, QC — Guild Yule LLP, Vancouver
The Scalpel or Bone Saw: Choosing Your Expert
- considerations on whether to use an expert who has been frequently used or who is an unknown quantity
- factors that should be reflected on when using a local versus out of town medical expert
- what “weight” should be placed on prior judicial comments
- when should you avoid retaining a particular expert
- how many experts should or can a party retain—any limits?
- vetting the experts’ CV
Barbara J. Norell — Harper Grey LLP, Vancouver
Sterilizing Your Instruments: Protecting Your Medical Expert from Reasonably Forseeable Harm
- bias and advocacy: when is an expert not independent?; when is it just a problem of weight or admissibility
- common errors in expert reports
- common errors on the stand
Guy J. Collette — Collette Parsons Harris, Vancouver
Networking Break
Do No Harm (To Your Case): The Role of the Lawyer in Instructing the Medical Expert
- counsel's role in instructing an expert concerning elements of an admissible report
- what advice should we give the expert regarding maintaining a complete file?
- providing your expert with complete examination for discovery transcripts versus providing assumed facts drawn from those transcripts: what is the best practice?—pros and cons
- draft report dos and don'ts; when should we ask for a first draft, and what, if any, discussion should take place between a lawyer and expert before and after the first draft and subsequent drafts are prepared?
Albert M. Roos, QC — Sugden, McFee & Roos LLP, Vancouver
Body in Question: The Expert Report
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the new rules
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a properly qualified expert
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different medical specialties
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jurisdictional issues
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“in the trenches” vs. “ivory tower” experts
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treating physicians as experts
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the factual assumptions—the foundation of the assumptions
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medical records—how much is too much
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discovery transcripts—to give or not to give
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assumptions provided by counsel—are they required
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irreconcilable conflicts in the evidence regarding facts—how should the expert handle them
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the opinion—things to watch for
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literature
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the use of “summaries”—can you still do it?
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is the report the expert’s examination-in-chief, or can the expert testify in-chief orally?
Paul T. McGivern — Pacific Medical Law, Vancouver
Sustenance—Nourishment and Sustaining Life: Lunch (on your own)
The Autopsy: The Critical Review of Expert Opinions at Trial
- mock cross-examinations of two medical experts
- critical questions and audience participation
The Honourable Mr. Justice Peter M. Willcock — Court of Appeal for BC, Vancouver
James M. Lepp, QC — Harper Grey LLP, Vancouver
Dr. Garry Feinstadt — Physician and Surgeon, Vancouver
Carla L. Forth, QC — Guild Yule LLP, Vancouver
Dr. Roy J. O’Shaughnessy — Clinical Professor, Department of Psychiatry, University of BC, Vancouver
The Post Mortem: Larger Lessons Regarding Medical Experts
- panel discussion with doctors and lawyers
- the view from the bench
The Honourable Mr. Justice Peter M. Willcock — Court of Appeal for BC, Vancouver
Carla L. Forth, QC — Guild Yule LLP, Vancouver
Dr. Garry Feinstadt — Physician and Surgeon, Vancouver
James M. Lepp, QC — Harper Grey LLP, Vancouver
Dr. Roy J. O’Shaughnessy — Department of Psychiatry, University of BC, Vancouver
Networking Break
A Pound of Prevention: Insights from Counsel and Medical Experts
- what doctors want lawyers to know
- what lawyers want doctors to know
- best practices for working together
Dr. Garry Feinstadt — Physician and Surgeon, Vancouver
Carla L. Forth, QC — Guild Yule LLP, Vancouver
James M. Lepp, QC — Harper Grey LLP, Vancouver
Dr. Roy J. O’Shaughnessy — Department of Psychiatry, University of BC, Vancouver
The Final Round: Closing Remarks
James M. Lepp, QC — Harper Grey LLP, Vancouver
Carla L. Forth, QC — Guild Yule LLP, Vancouver