Case scenario 3

Motor vehicle accident

In one case, a lawyer represented a defendant in a case involving injuries from a motor vehicle accident. The claimant was badly hurt but recovering. To determine the extent of the current injury, the claimant agreed to be examined by a doctor hired by the defendant's lawyer. The doctor discovered that the claimant had a heart problem, which was almost certainly caused by the accident, and forwarded this information to the lawyer.

The heart problem was serious and could cause further injury to the claimant, but the lawyer did not disclose this information to the claimant, because he was representing the defendant and disclosing this unknown injury could increase the amount the defendant would have to pay to the claimant in settlement negotiations.

a) Why was the claimant not given the information in this case by the doctor hired by the defendant, or by the defendant's lawyer? (5)

b) What are the reasons for not providing the information to the claimant? Discuss in detail.(5)