What is the current state of the law in dealing with medical malpractice?
British Columbia, Canada
The following excerpt is from Godfrey v. Black, 2011 BCSC 1924 (CanLII):
I have been referred to several cases, but the one which I find to be most helpful is the case of Wright v. Brauer, 2010 BCSC 1282 a decision of Mr. Justice Savage in similar circumstances where he was dealing with a trial date in the near future and an examination such as this where there was no medical evidence as to why a physical examination was necessary in order to provide a truly rebuttal or critical report. In that decision, in dealing with the new Rules, Mr. Justice Savage says at para. 18:
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