Traumatic Brain Injury (TBI) is a common condition following Motor Vehicle Collisions (MVCs) in Ontario, costing our society countless amounts of dollars. TBI is a complex condition, difficult to evaluate, and even more challenging to prove in a court of law. The use of Single Photon Emission Tomography (SPECT) is becoming increasingly popular for this purpose. Admission of these images in court will likely increase in the future, but the weight afforded to it will largely depend on the facts specific to the case. This paper outlines the process and criteria the court will use for the admission of SPECT images, and provide an overview of the weight afforded to the studies in courts thus far. It will also highlight some of the challenges of using SPECT for TBI, and potential limitations for its application.
Ha-Redeye, Omar, Hotter Heads May Prevail in Ontario Courts: The Use of SPECT Imaging for Evaluating Mild Traumatic Brain Injury (TBI) (December 12, 2008). Available at SSRN: https://ssrn.com/abstract=1512662 or http://dx.doi.org/10.2139/ssrn.1512662