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Cervical artery dissections: Factors that influence causation determination in litigated cases
Pierre Boucher1, Sébastien Robidoux1, Sarah Chahine2
1Département de chiropratique, Université du Québec à Trois-Rivières, 3351, boul. des Forges, C.P. 500, Trois-Rivières, Québec, G9A 5H7, Canada.
Journal of Forensic and Legal Medicine
|July 14, 2018
Summary
Conflicting expert opinions in cervical artery dissection (CAD) legal cases create confusion for Canadian tribunals. A lack of standardized data interpretation methods exacerbates this issue, impacting medical professionals serving as expert witnesses.
Area of Science:
- Forensic Medicine
- Neurology
- Medical Law
Background:
- Cervical artery dissections (CAD) are frequently debated in legal cases.
- Expert opinions on CAD causes often conflict, complicating litigation.
Purpose of the Study:
- To analyze factors influencing court decisions in CAD cases.
- To understand how Canadian tribunals handle conflicting expert medical opinions.
Main Methods:
- Searched the Canadian CANLII legal database for relevant cases.
- Reviewed tribunal analyses and arbitration of expert evidence in CAD litigation.
Main Results:
- No standardized methodology exists for healthcare professionals interpreting CAD data.
- This variability leads to diverse expert opinions, potentially confusing tribunals.
- Treating physicians may lack objectivity when testifying as expert witnesses.
Conclusions:
- The absence of standardized interpretation methods for CAD cases contributes to legal disputes.
- The objectivity of treating physicians as expert witnesses in CAD litigation is a concern.
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