Can a plaintiff bring a claim against a physician in negligence, breach of contract and breach of fiduciary duty?
British Columbia, Canada
The following excerpt is from Andrews v. Hay, 2015 BCSC 1618 (CanLII):
Counsel for the defendant submits that claims against a physician in negligence, breach of contract and breach of fiduciary duty all fall within the meaning of the phrase “negligence or malpractice” under s. 8(1)(b). In Holland v. Marshall, 2006 BCSC 1588, aff’d 2008 BCCA 468, Madam Justice Beames said:
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