Can a plaintiff in a medical malpractice case obtain an expert report to support their claim?
Ontario, Canada
The following excerpt is from Galalae v. Kingston (Police Services Board), 2013 ONSC 5153 (CanLII):
Just as negative inferences may be drawn in other cases from a party’s failure to advance evidence in support of their position, so too the failure of the plaintiff in a medical malpractice case to obtain an expert report permits and invites the court to infer that the plaintiff was unable to obtain an expert report to support allegations of negligence – Richmond v. Balakrishnan, [2010] O.J. No. 4532; Suserski v. Nurse, [2006] O.J. No. 4839.
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