What is the definition of gross negligence in a medical malpractice case?
Canada (Federal), Canada
The following excerpt is from Canpar Developments Inc. v. The Queen, 2011 TCC 353 (CanLII):
In Venne v. The Queen, 84 D.T.C. 6247, Mr. Justice Strayer stated: Gross negligence must be taken to involve greater neglect than simply a failure to use reasonable care. It must involve a high degree of negligence tantamount to intentional acting and indifference to whether the law is complied with or not.
"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
Can a prison officer be held liable for negligence or gross negligence for failing to provide medical staff with medical equipment? (MultiRegion, United States of America)
What constitutes gross negligence in a medical malpractice case? (Canada (Federal), Canada)
What are the factors used in determining whether there is gross negligence in a medical malpractice case? (Canada (Federal), Canada)
Does gross negligence in a medical malpractice case constitute a civil rights violation? (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)
What is the test for medical negligence in the context of medical malpractice cases? (MultiRegion, United States of America)
What is considered to be "gross negligence" in the context of medical malpractice cases? (Canada (Federal), Canada)
Is there any case law in support of a claim that medical malpractice is a form of malpractice? (MultiRegion, 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)
