What is the difference between a plaintiff and a defendant in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Sekhon v Gill, 2019 BCSC 811 (CanLII):
Buksh was distinguished by Justice Fisher, as she then was, in Mohamud v. Yu, 2016 BCSC 1138, on the basis that it concerned missing evidence from doctors who had seen the plaintiff at walk-in clinics but were not the doctors primarily responsible for the plaintiff’s ongoing care. In Mohamud, the plaintiff failed to call her treating family physician and Fisher J. drew the kind of adverse inference these defendants seek:
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