Is there any case law where a plaintiff’s counsel failed to pass on information to the attending physician?
British Columbia, Canada
The following excerpt is from Stone v. Ellerman, 2007 BCSC 969 (CanLII):
Counsel relies in this connection on the case of Zahynacz v. Kozak, [1998] B.C.J. No. 1947, paras. 67-76, and what is said there about a “gatekeeper” role adopted by plaintiff’s counsel in that particular case and counsel’s failure to pass on information to the plaintiff’s attending physician. In that case the trial judge left it that whether one called “the failure to communicate and treat an intervening act, an unforeseeable circumstance or a failure to mitigate” he was left with an unsatisfactory evidential background and reduced the award of damages from what it otherwise would have been.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are some cases where a plaintiff was found to have failed to mitigate her losses as a result of failing to receive cortisone injections and physiotherapy? (British Columbia, Canada)
How much is a plaintiff entitled to recover from the defence for counsel’s attendance at trial? (British Columbia, Canada)
Can a plaintiff refuse to sign an authorization that would have allowed counsel to speak to a treating physician? (British Columbia, Canada)
When is a plaintiff entitled to costs for preparation and attendance at trial based on one and one-half counsel? (British Columbia, Canada)
Does a personal trainer have been found to have failed to mitigate damages for failing to attend physiotherapy? (British Columbia, Canada)
What is the burden of mitigation against a plaintiff who failed to attend recommended treatment? (British Columbia, Canada)
Is there a need for physical or temporal proximity between a plaintiff and plaintiff in a motor vehicle accident? (British Columbia, Canada)
How is mitigation of damages determined when a plaintiff fails to follow a personal trainer's advice? (British Columbia, Canada)
What is the legal test for disqualifying a solicitor for failing to disclose privileged information? (British Columbia, Canada)
Can a plaintiff obtain a copy of a solicitor’s file from the solicitor's personal information for the purposes of making a will? (British Columbia, Canada)
