Can a plaintiff who has been receiving treatment for a long-term brain injury for the last year or so contact with her doctor with reports that nothing has changed?
British Columbia, Canada
The following excerpt is from Cumpstone v. Johnson, 2012 BCSC 386 (CanLII):
I echo the comments of Smith J. in Edmondson v. Payer, 2011 BCSC 118, that a plaintiff whose condition neither deteriorates nor improves is not obliged to constantly bother busy doctors with reports that nothing has changed, particularly if the plaintiff has no reason to expect the doctors will be able to offer any new or different treatment.
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