Precedent Questions for Medical Experts to Address Threshold – Part 3 of 3

This is part 3 of a 3 part series on medical evidence to address threshold.

Below is a precedent list of questions intended to make sure your medical expert addresses all aspects of Ontario Regulation 461/96 under the Insurance Act in their reports so that when trial comes about, there is fair warning to opposing counsel of what your expert will testify about. The precedent can be amended to fit the particular case and expert.

  1. What is the nature of the injury?
    1. Please share your general diagnosis.
    2. Please list all specific medical diagnoses.
    3. For each diagnosis, please comment on the seriousness of the injury, with regard to whether or not the impairment substantially interferes with work, training and/or activities of daily living for someone of the patient’s age, despite any accommodation available.
  2. Is the injury permanent?
    1. Please share your general prognosis.
    2. Has the injury or have the injuries been continuous since the accident?
    3. Do you expect substantial improvement if treatment is followed?  Why or why not?
    4. Does the injury or injuries substantially interfere with work and/or training despite accommodation?
    5. Does the injury or injuries  substantially interfere with the activities of daily living for someone of the patient’s age?
    6. Would you expect the injury or injuries to continue without substantial improvement as compared to other people in similar circumstances?
  3. What function(s) is/are impaired?
    1. Within your area of medical expertise, please specify any physical, mental and/or psychological functions that are impaired.  Please consider functions that would be important to the patient’s work, study, self-care and activities of daily living.
  4. How important is/are the impaired function(s) to this specific patient?
    1. Is/are the impaired function(s) necessary for work even if there is accommodation?
    2. Is/are the impaired function(s) necessary for training even if there is accommodation?
    3. Is/are the impaired function(s) necessary for caring for one’s own well-being?
    4. Is/are the impaired function(s) important to the patient’s usual activities of daily living considering their age?
  5. Was the patient’s injury caused by the automobile accident?
    1. If so, please comment on whether the injury or injuries were caused directly or indirectly.

Corroborating the points above, especially questions 1, 3 and 4 has been left out as those questions are for other witnesses.


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