What is the test for establishing a breach of standard of care in a medical malpractice action?
Ontario, Canada
The following excerpt is from Sit v. Trillium Health Centre, 2020 ONSC 2458 (CanLII):
In addition to establishing a breach of the standard of care, the plaintiff must also establish that the breach likely caused the plaintiff’s injury. If a breach of the standard of care did not cause the injury on a balance of probabilities, the physician is not liable: Clements v. Clements, 2012 SCC 32, [2012] 2 S.C.R. 181, at para. 6.
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