What is the test for a jury to determine whether a medical malpractice case will require a scientific investigation?
British Columbia, Canada
The following excerpt is from 472060 B.C. Ltd. et al v. Eagle Crest Prop. et al, 2001 BCSC 1799 (CanLII):
Wahl relied in this application on the decision of McEachern C.J.S.C. (as he then was) in Wipfli v. Britten [1981] B.C.J. No. 1706. That decision involved a medical malpractice case where the court found a scientific investigation would inevitably be required. The issue for determination was whether that investigation could be made conveniently by a jury.
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