Yoni Silberman featured in Lexpert article "Can SPECT scans be relied on as primary tool for diagnosing brain injury?"

As outlined in s3.1(1) ss4(i) of the Schedule, an injured party has sustained a catastrophic impairment in the form of a traumatic brain injury, where “the injury shows positive findings on a computerized axial tomography scan, a magnetic resonance imaging or any other medically recognized brain diagnostic technology indicating intracranial pathology that is a result of the accident, including, but not limited to, intracranial contusions or haemorrhages, diffuse axonal injury, cerebral edema, midline shift or pneumocephaly.”

“Catastrophic Impairment, due to traumatic brain injury, led to the introduction to the medical-legal community of SPECT scans as a way to achieve that designation,” says Yoni Silberman, partner at Bogoroch & Associates LLP. “But the legislative wording – more specifically, the requirement of positive findings on ‘a medically recognized brain diagnostic technology’ – has led us to scrutinize whether or not SPECT scan meets this criteria.”