What is the test for establishing a cause of action in a medical malpractice case?
Ontario, Canada
The following excerpt is from Georghiades v. MacLeod, 2005 CanLII 14149 (ON SC):
Causation is defined by Sopinka J. in Snell v. Farrell, [1990] 3 S.C.R. 311 (S.C.C.) at para. 26 where he said: Causation is an expression of the relationship that must be found to exist between the tortious act of the wrongdoer and the injury to the victim in order to justify compensation of the latter out of the pocket of the former.
In Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 (S.C.C.), Major J. provided a helpful summary of the principles to consider, namely:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the case law on medical malpractice in the context of medical negligence cases? (Ontario, Canada)
How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)
What is the case authorities in the context of a medical malpractice case? (Ontario, Canada)
What is the impact of a medical malpractice case on the economic impact of the case? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence? (Ontario, Canada)
What is the case law on expert testimony in medical malpractice cases? (Ontario, Canada)
In a medical malpractice case, is a plaintiff entitled to access his medical records and charts? (Ontario, Canada)
What is the test for establishing fraud in a medical malpractice case? (Ontario, Canada)
What is the test for establishing suspicion in a medical malpractice case? (Ontario, Canada)
What is the case law on the admissibility of expert evidence in medical malpractice cases? (Ontario, Canada)
