What are the elements of negligence and causation in medical malpractice cases?
Ontario, Canada
The following excerpt is from Bruce v. McIntyre, 1954 CanLII 24 (ON CA):
Both negligence and causation are pure questions of fact, whether or not there is a jury: Roche v. Marston, 1951 CanLII 4 (SCC), [1951] S.C.R. 494, [1951] 3 D.L.R. 433.
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