the second opinion medical legal services
the second opinion medical legal services


Wrongfully Accused/ Criminal Charges and Sexual Harassement

The SECOND OPINION® Medical-Legal Consultants Group Inc. can assist Defense Lawyers in fighting a form of INSTITUTIONALIZED MEDICAL FRAUD being perpetrated against thousands of innocent men each year. This type of fraud involves:

  • Prosecutors and plaintiffs’ lawyers burying past medical, psychological, prescription drug, and addiction histories of alleged “victims”
  • Prosecutors and plaintiff’s lawyers inappropriately introducing flawed forensic medical evidence in court, hoping that a naive Defense Lawyer will take such evidence at face value rather than challenge it
  • Prosecutors’ and plaintiffs’ expert witnesses providing grossly biased opinions only for the purpose of making a fast buck

The circumstances under which INSTITUTIONALIZED MEDICAL FRAUD occurs include:

  • Sexual assault and rape charges
  • Common assault and murder charges
  • Workplace sexual harassment complaints
  • Child abuse allegations
  • Divorce and child custody cases

In order to better understand how The SECOND OPINION® Medical-Legal Consultants Group Inc. can help a Defense Lawyer fight against INSTITUTIONALIZED MEDICAL FRAUD, it is important for one to be aware of the following facts:

  • Over 60% of women suffer from a psychological disease, including depression, eating disorders, and addictions, at some time during their lives
  • Even the most minor medical or psychological disorder can greatly affect both one’s judgement and memory of past events
  • Many prescription drugs, including oral contraceptives, antidepressants, and sleeping pills, have side effects which could hinder both judgement and memory, and when taken with alcohol such effects are greatly potentiated (doctors/pharmacists rarely warn patients of these consequences)
  • Women use medical excuses, such as PMS and “Battered Wife Syndrome”, in order to avoid conviction, reduce their sentence, or make the conviction of their partner more likely--and such claims are rarely if ever challenged successfully by Defense Lawyers and Prosecutors
  • Men rarely use medical diseases to avoid conviction or have their sentences reduced.


INSTITUTIONALIZED MEDICAL FRAUD is more common than one could possibly imagine. And now for the first time, resources are available to counter this type of fraud. We have assembled a group of our most experienced Forensic Medical Investigators to form the DEROGATORY INFORMATION RETRIEVAL TEAM. “D.I.R.T.” can assist you by:

  • Gathering derogatory past medical, psychological, addiction, and prescription drug history of your client’s accuser(s) in order to dispute their recollection of an event
  • Discrediting flawed forensic medical evidence being used against him
  • Discrediting exaggerated damages claimed in victim impact statements
  • Helping you prepare for court, hearings, or discoveries through educational conferences conducted either in person or by telephone
  • Helping you interpret confusing DNA, semen, blood, or other forensic data being used against your client
  • Attending at court, hearings, or discoveries, in order to help you direct questioning and interpret evasive responses to those questions
  • Conducting background checks and systematic character assassinations of any and all plaintiff expert witnesses
  • Providing you with your own qualified expert witnesses
  • Providing your client with a full medical work-up for both physical and psychological conditions which could be used to display extenuating circumstances, i.e. abnormally high testosterone levels, “Battered/Nagged Husband Syndrome”, abnormal brain chemistry on a PET scan, abnormal psychological profile, side effects of medication (anabolic steroids, antidepressants, decongestants), genetic testing, etc.
  • Providing your client with medical treatment or a proposed treatment protocol in order both to fight for an acquittal/reduced sentence and to help build a viable countersuit or wrongful dismissal action in cases where your client was fired instead of being offered medical treatment
  • Having one of our affiliated Private Investigators conduct a surveillance on, or obtain detailed background information regarding your client’s accuser(s)

Here are just a few examples of how an experienced Forensic Medical Investigator conducting a Forensic Background Medical Investigation can assist a shrewd Defense Lawyer in protecting a man wrongfully accused of various crimes:

EXAMPLE #1: A Forensic Medical Investigator discovers that an alleged “victim” was on Prozac at the time of an alleged “sexual assault”. Prozac has many potential side effects: abnormal dreams, delusions, hallucinations, amnesia, paranoid reactions, psychosis, depersonalization, antisocial reactions, and hysteria. Therefore, a Defense Lawyer can fight the sexual assault charge three ways: Firstly, side effects of Prozac make the alleged “victim’s” recollection of the event unreliable. Secondly, the disease process which necessitated Prozacin and of itself may make her recollection of the event unreliable. And thirdly, the disease may make it more likely that “secondary gain” caused the alleged “victim” to bring forth a bogus complaint.

EXAMPLE #2: A Forensic Medical Investigator discovers that an alleged “victim” has evidence on her medical file that she was warned by her family doctor to stop abusing alcohol/ narcotics. Therefore, such information would lead an intelligent person to conclude that the complainant may still be consuming alcohol or narcotics, and that such consumption may affect her cognitive function.

EXAMPLE #3: A Forensic Medical Investigator discovers that an alleged “victim” had long-standing family problems at the time of an alleged “sexual assault”. These problems resulted in an eating disorder. She was described in her family doctor’s file as being “attention seeking” and possessing “poor self-image”. She attempted suicide on a number of occasions in the past. Therefore, such information would lead an intelligent person to conclude that her complaint may have been fabricated in order to draw attention to the complainant.

EXAMPLE #4: A Forensic Medical Investigator discovers that due to a medical problem an alleged “victim” was suffering from vaginal dryness and dyspareunia (painful intercourse) before an alleged “rape”. Her doctor prescribed topical estrogen cream to help thicken her vaginal wall and to make intercourse less irritating. Therefore, such information is important in that if tearing of the vaginal wall took place during the sexual act in question, such tearing may not have been due to a vicious, involuntary sexual act, but instead due to a thinned vaginal wall incapable of withstanding even normal intercourse.

EXAMPLE #5: On questioning a man accused of murder a Forensic Medical Investigator learns that he was being prescribed Ionamin by his family doctor for weight loss. He was never warned of the potential side effects of this amphetamine-based medication (overstimulation, restlessness, euphoria, psychotic episodes, changes in libido). This fact, combined with a previously clean record, convinced a jury that he was not criminally responsible for his behaviour.

EXAMPLE #6: On questioning a man accused of assault a Forensic Medical Investigator learns that he has had a life long pattern of uncontrollable rage. A crown psychiatrist has labeled him a “sociopath”. The Forensic Medical Investigator ordered a PET scan, which displayed abnormal brain chemistry. A full battery of medical tests revealed abnormally high levels of testosterone in his bloodstream. A closer look at the genetic testing that was performed by the crown on a DNA sample revealed that the accused has an extra “Y” chromosome--i.e. “XYY Syndrome” or “Supermale Syndrome”. A Forensic Psychiatrist obtained by the Forensic Medical Investigator puts together a treatment protocol to normalize the accused’s hormone levels. Unfortunately, the judge does not accept the “hormone insanity defense”, but takes the extenuating circumstances and the need for medical treatment into consideration at the time of sentencing.

These were just some examples of how the suppression and misrepresentation of medical evidence, which is the hallmark of INSTITUTIONALIZED MEDICAL FRAUD, can cause an innocent man to be wrongfully accused and convicted. Once again, we are the ONLY Forensic Medical Investigation company in Canada. We possess all of the resources that you need to fight for the rights of your client.

The SECOND OPINION® Medical-Legal Consultants Group Inc.’s keen insight and extensive experience in the areas of medical fraud and manipulation make it a natural ally to any Defense Lawyer. Our founder, DR. JAMES N. SEARS, has taken a personal interest in assisting men wrongfully accused of crimes. One client even honoured him with the nickname of “THE EQUALIZER” to describe how he felt about the way in which DR. SEARS levelled the legal playing field!

Our turnover time for the provision of a detailed Medical Investigation Report is less than 72 hours. Our rates are extremely reasonable, and we are even willing to accept legal aid.

The Second Opinion®Medical-Legal Consultants Group Inc.
Phone: 416.488.6142   ·   Fax: 416.322.9948
email Dr. James N. Sears