Bogoroch & Associates LLP associate, Ryan Marinacci, sat down with Canadian Lawyer to discuss how adverse inferences play an important role in medical malpractice lawsuits.
It is well-established that plaintiffs face an uphill battle in medical malpractice lawsuits, but adverse inferences are an important arrow in the quiver of their counsel says Ryan Marinacci, associate at Bogoroch & Associates LLP.
“Adverse inferences are important because they provide an opening for plaintiffs to challenge what otherwise might be very difficult to dispute,” he says.
When a party fails to either call a material witness or to have a witness testify on a material point, and offers no explanation as to why, the other side can ask the court to draw an adverse inference from the failure to produce the witness or evidence in question. The court is asked to draw the adverse inference that had the witness been produced or asked to testify on the point in issue, the witness’ evidence would not have been helpful to or may have unfavourable to the party’s case.