1.
provide the expert with the records, the pleadings, and to request a
preliminary telephone consult once the expert has reviewed the documents. The purpose of the
preliminary discussion is to ensure the expert understands what you are looking for, to address any
missing information, and to set timelines for assessments, reports, etc.
2.
either
review and revise your expert’s summary of the records before
the report is prepared. The summary may be too long, it may rely on other opinions set out in the
medical records that you will not be able to prove at trial, and it may refer to a host of inadmissible
or irrelevant information.2
engage with the expert at an early
stage to determine which facts are key to his or her opinion. These key facts should form the basis
of a set of factual assumptions prepared by counsel, which can be established at trial on the basis of
admissible evidence
3.
instruction letter
(1) A request that the expert include in his or her report the certification set out in
Rule 11-2;
(2) A request that the expert attach as an appendix to his or her report the letter of
instruction requesting a report;
(3) A statement of his or her qualifications with particular reference to the issue(s) he
or she is being asked to comment on;
(4) A list of the records the expert has reviewed in forming his or her opinion;
(5) A description of any research conducted by the expert including a list of any
sources referred to;
(6) Instructions to base the opinion on either or a combination of: (a) the factual
assumptions already provided, or attached; and (2) a set of assumptions prepared
by the expert (this is necessary when the expert has assessed the plaintiff and
therefore taken a history and conducted an examination);
(7) A list of specific questions the expert is to address; and
(8) Instructions with respect to formatting the report.
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