Cross-examination of a Neurosurgeon - Part 3

You will recall that I left this story with the ducks lined up for the second goal.  The doctor wrote in his report that the accident was not the cause of my client's symptoms.  For those of you new to legal principles in ICBC claims, a plaintiff (the injured person) must prove that the accident was a legal cause of the injury - the principle is called causation.


The second goal was to get the doctor to reverse his opinion causation. 


I started with a couple of accepted medical facts.  The  neurosurgeon readily agreed that most disc herniations do not require surgery and heal on their own.  He also agreed that some of the expected symptoms of a disc herniation include numbness, tingling, weakness, and pain radiating down the arm and into the shoulder, headaches and pain radiating up and down from the injury sight


I then took the doctor through my client's clinical records from the family doctor one entry at a time starting from 3 years before the accident.  "Doctor, there is nothing in this entry to suggest to you that my client has a disc herniation that is actively causing symptoms?"  Again and again for each entry.


At the entry immediately before the car accident, the doctor volunteered, "Well, the family doctor's records are not the only records that are important.  I saw something in the chiropractor's records."


I graciously accepted this little gift.  


Q  So, then it is important to look at the various treatment providers to get a true medical picture?
A  Absolutely.
Q  And that would include treatment providers such as chiropractors, massage therapists and physiotherapist, right?
A  Definitely.


I then confirmed that the doctor had copies of the records of the chiropractor, physio, and massage therapist.   I took the doctor through the clinical entries of the chiropractor and physio - entry by entry as I did with the family doctor - stopping at the entry before the accident.  
I then took the doctor through the records of the massage therapist.


Q Doctor, you will agree with me that if my client had a disc herniation 15 years earlier, that you are not aware of any indication that it was actively causing symptoms in the three years prior to the accident?
A It would appear so.


I then took the doctor to the entry in the massage therapy records one day after the accident.  My client reported numbness, tingling, pain shooting down her arm and headaches.


Q  Doctor, you will agree with me that the accident caused these symptoms.
A  Yes.
Q  Doctor, these are the same symptoms that she has consistently been reporting since the accident?
A  It would appear so.
Q  And these symptoms, the are the ones you suggest were caused by the accident 15 years earlier.
A  That is right.
Q  And, in fact these symptoms ARE caused by the accident.
A  Yes, definitely.
Q  And to the extent that your report says otherwise, you now agree that the report is incorrect and that the accident caused the disc herniation.
A  Yes, that is true.


Goal 2 - getting the doctor to reverse his opinion on causation - accomplished


Goal 3 - confirming my client is disabled


Half the table is set for this third goal by this point in the cross-examination.


Look for Part IV to see how to turn the ICBC doctor into an asset for your client by using cross-examination.