What is the test for a plaintiff in a medical malpractice action for alleged delay in diagnosis and treatment?
Ontario, Canada
The following excerpt is from Skead v. Chin, 2020 ONSC 1283 (CanLII):
Where a cause of action is founded on an alleged delay in diagnosis and treatment, a plaintiff must prove on a balance of probabilities that the unfavourable outcome would have been avoided but for the delay. A loss of chance to avoid an unfavourable outcome is not compensable in medical malpractice actions: Cottrelle v. Gerrard, paras. 25 and 36, Salter v. Hirst, 2011 ONCA 609, leave to appeal refused, [2011] S.C.C.A. No. 503, para.14.
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