On November 18, 2024, the CBC journalist Rosa Marchitelli released a news article detailing the concept that many insurers hire doctors to offer medical evidence that often denies claims.
The article details a collision from December 2017, which saw Mr. Jonathan Graul suffering from a traumatic brain injury.
In this instance, Aviva was the insurer who hired various medical experts to ‘attack’ Mr. Graul’s credibility and discredit his symptoms. As the article states, “medical experts have a duty to help the court by offering independent, objective and unbiased evidence”. However, recently it appears medical experts who are hired by insurers, like Aviva, will more often present medical evidence and opinions that portray Plaintiff as unreliable. In Mr. Graul’s case, a medical expert told the court that his traumatic brain injury didn’t exist.
Justice Lemon agreed that Mr. Graul had suffered a traumatic brain injury and described the evidence provided by some doctors hired by Aviva as “tainted” and specifically stated that rather than being a neutral expert, one expert was seen as “a biased, paid expert trying to hide real and significant evidence from the court”. Another expert was called out by Justice Lemon for her “alarming lack of attention to detail”.
This finding is promising for personal injury victims. Many times it is the medical experts hired by insurance companies who incorrectly conclude that the accident victims are lying and have no claims. This decision by Justice Lemon ensures that insurance companies are aware that the courts will not accept biased reports.
If you have been involved in a collision and are suffering, you may be entitled to the help you deserve.
From everyone at JEWELL RADIMISIS JORGE LL.P., please stay safe and healthy!
If you have been denied Accident Benefits, we encourage you to contact us for a free consultation.