What is the test for establishing causation in a medical negligence action?
Ontario, Canada
The following excerpt is from Adair Estate v. Hamilton Health Sciences Corp., 2005 CanLII 18846 (ON SC):
Both the plaintiff and the defendant have cited the case of Athey v. Leonati as authority on the issue of causation.[6] This case is a summary of the general principles of causation in a medical negligence action. Causation will be established where the plaintiff can prove on a balance of probabilities that the defendant caused or contributed to the injury suffered.[7]
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