What is the standard of fair compensation for a plaintiff in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Rozendaal v. Landingin, 2013 BCSC 24 (CanLII):
The compensation awarded should be fair to all parties. Awards made in comparable cases provide a rough but helpful guide for the measure of fairness, although each case depends on its own unique facts: Trites v. Penner, 2010 BCSC 882 at paras. 188-189.
The assessment of non-pecuniary damages is necessarily influenced by the individual plaintiff’s personal experiences in dealing with his injuries and their consequences, and the plaintiff’s ability to articulate that experience: Dilello v. Montgomery, 2005 BCCA 56 at para. 25.
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