What is the test in determining causation in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Levens v. Lehmann, 2013 BCSC 2122 (CanLII):
The test in determining causation is the “but for” test set out in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458. Causation need not be determined scientifically. Causation is determined by a finding of fact.
The plaintiff does not have to prove that the tortious conduct of the defendant is the sole cause of his or her injuries. A defendant is fully liable for the harm suffered by the plaintiff, even if there are other causes existing which resulted in the harm. The plaintiff must establish “a substantial connection between the injuries and the defendant's negligence beyond the "de minimus range”: Midgley v. Nguyen, 2013 BCSC 693 at para. 170.
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