On what basis can an expert make recommendations or recommendations in a medical malpractice case?
Newfoundland and Labrador, Canada
The following excerpt is from Office of the Citizens’ Representative v. Newfoundland and Labrador Housing Corporation et al, 2012 NLCA 4 (CanLII):
On the other hand, his recommendations have no binding force. His report cannot affect or impair legal rights. See, Re Workers’ Compensation Board v. Friedmann 1985 CarswellBC 100 at para [12]. The effectiveness of his work therefore depends not on legal enforcement but on the cogency of his analysis and reasoning and the subtle pressure that comes from the potential exposure of the improper decision or conduct to public scrutiny.
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