Medical or other expert assessments of claimants are routine, in both the tort and AB context. This paper provides a brief overview of the framework within which such assessments take place, including the issue of whether an authorization/consent for the assessment – prepared by either the claimant or the assessor – is required or appropriate.
Health Assessments In Tort Claims – The Principle of Discovery:
The Courts of Justice Act provides that, where the physical or mental condition of a party to a proceeding is in question, “the court, on motion, may order the party to undergo a physical or mental examination by one or more health practitioners”. Moreover, the legislation stipulates that “the party examined shall answer the questions of the examining health practitioner relevant to the examination and the answers given are admissible in evidence”[emphasis added].
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