In a medical malpractice case, is the evidence of a family physician who has followed a patient for a long period of time the most helpful evidence?

Ontario, Canada


The following excerpt is from Farooq v. Miceli, 2012 ONSC 558 (CanLII):

In Chrappa v. Ohm, [1996] O.J. No. 1663 (C.J.) at para. 27, Lax J. stated: “it is my view that, in general, the evidence of a family physician who has followed a patient over a long period of time can often be the most helpful evidence in sorting out the predictably differing views of medical experts who are assembled for the purposes of litigation.”

Treating doctors are not immune from reliability challenges. In Greer v. Horton, [1996] O.J. No. 4826 (S.C.) at paras. 21-22, Epstein J. gave “little weight” to the treating doctor on the basis that his evidence “lacked objectivity.”

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