In this car accident medical exam case(Rathgeber v. Freeman,2013 BCSC 2117) the personal injury claimant was spared having to attend a second medical examination after the Court found that the first ICBC medical Examination put the defendant on an equal footing.
The personal injury claimant alleged that, as a result of the car accident he suffered injuries to his neck, back and shoulders. He also claimed to have suffered from headaches and chronic pain disorder. Four months before the car accident injury case was to go to trial the defendant applied to court to force him to attend another medical examination.
When a person puts their physical and emotional condition question in a personal injury lawsuit the Supreme Court Rule Rule 7-6(1) and Rule 7-6(2) allow the other side to require the claimant to attend at a medical examination and the court may also order a further medical examination in some circumstances. In refusing to put the claimant through further testing the Judge pointed out at paragraph 26 ,
Taking a holistic view of the circumstances, Dr. Kousaie’s 2009 report is comprehensive and to some extent addresses issues more relevant to a tort claim than a Part 7 claim. The results of the CT scan and the shift in focus to the plaintiff’s neck injury, however, are issues which the defence may need to address. There is, however, nothing in the evidence before me to show why a further examination, rather than a review of the available materials by Dr. Kousaie or some other qualified specialist, is necessary to achieve reasonable equality with respect to medical evidence. While I do not wish to be taken as suggesting that the proposed examiner should, in all cases, provide an affidavit with respect to the necessity for a further examination, such an affidavit would have been of significant assistance to me in this case.
Always consult a personal injury lawyer before refusing to attend a medical examination. Refusal to attend can sometimes lead to a complete dismissal of a personal injury claim. To learn more take a quick view of our video about ICBC medical examinations following injury.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.