What are the implications of a physician's failure to bring disability payments into account in a medical malpractice action?
Newfoundland and Labrador, Canada
The following excerpt is from Briffett v. Gander and District Hospital, 1996 CanLII 11090 (NL CA):
Counsel for the appellant physicians argues that the failure to bring these disability payments into account clearly resulted in double compensation which is contrary to the inherent principles of damage recovery. In support of his position, he places heavy reliance upon Ratych v. Bloomer, 1990 CanLII 97 (SCC), [1990] 1 S.C.R. 940; 107 N.R. 335; 39 O.A.C. 103; 69 D.L.R.(4th) 25; 30 C.C.E.L. 161; 3 C.C.L.T.(2d) 1.
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