How have medical and/or legal opinions been interpreted in medical malpractice cases?
British Columbia, Canada
The following excerpt is from Mohamadi v. Tremblay, 2009 BCSC 1583 (CanLII):
In Bagasbas v. Atwal, 2009 BCSC 793, Satanove J. determined that in the circumstances before her the plaintiff had not fully informed her treating physician and legal counsel of pertinent facts concerning her medical history at the time the medical and/or legal advice was sought, and therefore ran the risk of receiving inaccurate or erroneous advice through no fault of the professional advisors. It became apparent in the cross-examination of the plaintiff’s general physician at trial that she had not been fully forthright with him.
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