Cross Examination of a Neurosurgeon - Part 4
It has been a few months since I left off with this story. I highly recommend going back through my blog to read parts 1-3 as this post won't make much sense on its own. Those of you following will remember that we left off with the doctor reversing his opinion on causation.
Once the doctor folded on causation, the only thing left was to use that doctor to build my case. One of the issues I had was whether my client had an ongoing disability.
The doctor had indicated that my client was not a surgical candidate, so I decided to start there. I had him confirm that she was not a surgical candidate because surgery would not relieve all of her symptoms. The other side of the coin is that if she is not a surgical candidate and she has not spontaneously resolved in the six years after the accident, then that means that she was likely going to live with this pain for the rest of her life. He agreed.
He agreed that the only thing she could do to manage her symptoms was limit her activity and avoid certain activities...activities such it would be impossible to do her job without modifications. As she had lost her job of 28 years and was looking for work, the neurosurgeon acknowledged that her injuries would be a factor working against her.
He agreed that the treatment that she was getting was not likely going to cure her. However, he did agree that if the treatment helped reduce her pain, then it would seem appropriate.
In fact, by this stage the doctor pretty much agreed with everything. I kept putting more and more helpful propositions to him in a polite and kindly way. He kept building my case.
In the end, agreeing to the video deposition ahead of the trial was a very good decision. The case settled in advance of the 3 week trial. There were some other issues that made settlement make a lot of sense. Sometimes, the best trial is the one that is avoided.
Success as a lawyer is not measured in trial wins or losses...it is measured in your ability to get an outcome for your client that is good for them and one they want. In this case, that was a settled case for more than ICBC was offering before the video deposition, but without having to go through a 3 week jury trial.
If you enjoyed this story, let me know and I will post another story. Visit my updated blog:
www.personal-injury-lawyer-vancouver.blogspot.ca
Once the doctor folded on causation, the only thing left was to use that doctor to build my case. One of the issues I had was whether my client had an ongoing disability.
The doctor had indicated that my client was not a surgical candidate, so I decided to start there. I had him confirm that she was not a surgical candidate because surgery would not relieve all of her symptoms. The other side of the coin is that if she is not a surgical candidate and she has not spontaneously resolved in the six years after the accident, then that means that she was likely going to live with this pain for the rest of her life. He agreed.
He agreed that the only thing she could do to manage her symptoms was limit her activity and avoid certain activities...activities such it would be impossible to do her job without modifications. As she had lost her job of 28 years and was looking for work, the neurosurgeon acknowledged that her injuries would be a factor working against her.
He agreed that the treatment that she was getting was not likely going to cure her. However, he did agree that if the treatment helped reduce her pain, then it would seem appropriate.
In fact, by this stage the doctor pretty much agreed with everything. I kept putting more and more helpful propositions to him in a polite and kindly way. He kept building my case.
In the end, agreeing to the video deposition ahead of the trial was a very good decision. The case settled in advance of the 3 week trial. There were some other issues that made settlement make a lot of sense. Sometimes, the best trial is the one that is avoided.
Success as a lawyer is not measured in trial wins or losses...it is measured in your ability to get an outcome for your client that is good for them and one they want. In this case, that was a settled case for more than ICBC was offering before the video deposition, but without having to go through a 3 week jury trial.
If you enjoyed this story, let me know and I will post another story. Visit my updated blog:
www.personal-injury-lawyer-vancouver.blogspot.ca
posted by Unknown @ 1:34 PM
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