How much is a plaintiff’s claim for medical malpractice compensation?
Alberta, Canada
The following excerpt is from Andrews v. Grand & Toy Alberta Ltd., 1974 CanLII 298 (AB QB):
In Oliver v. Ashman, [1962] 2 Q.B. 210, [1961] 3 All E.R. 323, Pearson L.J. said at p. 340: “Where a plaintiff has been rendered helpless by his injuries, which have been caused by the defendants’ negligence, the sum awarded as compensation should be sufficient to ensure that he will be properly looked after by others in any situation which can reasonably be foreseen, so that even rather improbable contingencies will be covered.”
In Warren v. King, [1964] 1 W.L.R. 1, [1963] 3 All E.R. 521, Sellers L.J. said that it is an invariable rule in assessing damages for personal injuries to warn juries to keep to a standard of moderation and fairness in the interest of both parties.
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