What is the test for actionable negligence in medical malpractice cases?

Saskatchewan, Canada


The following excerpt is from Michalchuk et al. v. Yorkton (City), 1987 CanLII 4781 (SK QB):

In order for the plaintiffs to succeed in their claim against the defendant, they must prove actionable negligence. In Magda v. R., 1953 CanLII 304 (FC), [1953] Ex. C.R. 22; [1953] 2 D.L.R. 49, at p. 33 Thorson, P., stated: “Without elaborating the matter further I adopt the statement in Charlesworth, at page 20, that actionable negligence consists of the following elements, namely, circumstances giving rise to a duty to take care owing to the complainant, failure to attain the standard of care prescribed by the law for the fulfilment of that duty and actual damage suffered by the complainant.”

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