How have the BCSC treated gaps in the reporting of a plaintiff to her physician?
British Columbia, Canada
The following excerpt is from Brock v. King, 2009 BCSC 1179 (CanLII):
The defendants rely on Mak v. Eichel, 2008 BCSC 1102, and Vasilyev v. Fetigan, 2007 BCSC 1759, in support of their position on the issue of gaps in the plaintiff’s reporting to her physician and the inference to be drawn. In Mak v. Eichel there appeared to be a gap in treatment with no evidence that the discomfort continued during that period and in Vasilyev v. Fetigan there were credibility issues. As a result both cases are distinguishable.
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