What is the test for determining demonstrated utility in a medical malpractice case?
Canada (Federal), Canada
The following excerpt is from Pfizer Canada Inc. v. Novopharm Limited, 2009 FC 638 (CanLII):
In Laboratoires Servier v. Apotex, 2008 FC 825, 67 C.P.R. (4th) 241, Justice Snider summarized several “guiding posts” for determining demonstrated utility. At paras. 270-1, she found:
"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 test for demonstrating a serious medical need in a medical malpractice case? (MultiRegion, United States of America)
Is there any case law where a plaintiff's medical malpractice claim that the medical treatment he received was medically unacceptable? (MultiRegion, United States of America)
Is there any case law where the use of a chemical in a medical malpractice case has been successful? ("New York", United States of America)
Is it a "rare" medical malpractice case in which no expert medical testimony is required? (MultiRegion, United States of America)
Is there any case law where the medical director or medical council was 'subjectively aware' of a serious medical need and failed to respond? (MultiRegion, United States of America)
Can an application for discretionary relief from the Court of Arbitration for Disproportionate Medical Demand be made in a medical malpractice case? (Canada (Federal), Canada)
How have courts treated medical indifference claims in medical malpractice cases? (MultiRegion, United States of America)
What is the test for damages in the case of an inmate who alleges that he was denied access to medical records due to medical malpractice? (MultiRegion, United States of America)
What is the current state of the law on medical malpractice in medical malpractices? (MultiRegion, United States of America)
What is the impact of retrospectve determination of competency in a medical malpractice case? (MultiRegion, United States of America)
