What is the test for obtaining opinions from a qualified medical professional?
Alberta, Canada
The following excerpt is from Hamza v. Dzeryk, 1998 ABQB 70 (CanLII):
In my view Tat v. Ellis, supra, stands for the proposition that Rule 217(1) [as added to by Rule 217(6)] provides for a rather general scheme by which opinions can be gathered by qualified medical practitioners from persons other than qualified medical practitioners, and that "other tests" described in Rule 217(6) relate to any sort of test "recognized by medical science".
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is it appropriate for a medical professional to be considered a non-treating physician in a medical malpractice case? (Alberta, Canada)
What is the current state of the law on the right of a medical professional to present new evidence at a medical malpractice hearing? (Alberta, Canada)
In a medical malpractice case, can a medical professional become an insurer? (Alberta, Canada)
What is the test for determining whether a duly qualified medical professional can examine a plaintiff pursuant to Rule 217? (Alberta, Canada)
Is a psychiatrist’s opinion worth the value of their opinion? (Alberta, Canada)
In a medical malpractice case, is a doctor permitted to refer to a patient’s medical chart containing information that is not relevant to the patient? (Alberta, Canada)
Is a chiropractor treated like a medical professional? (Alberta, Canada)
What is the test for a doctor to be qualified as a public professional? (Alberta, Canada)
Is an expert opinion required to start the limitations period running in a medical negligence action? (Alberta, Canada)
What is the legal standard for obtaining medical malpractice? (Alberta, Canada)
