Adverse Inference – Failure to call a Physician

The law of adverse inference allows a court to presume that a court has not called a certain witness because that witness would not have helped the party’s case. In medical malpractice cases, an adverse inference is often sought against a plaintiff who fails to call his or her treating physician as a witness. This article discusses the factors a court will consider in determining whether to draw an adverse inference against a plaintiff in these circumstances.