In a medical malpractice case, what is the burden of proving causation?
Ontario, Canada
The following excerpt is from Trajdos v. Bala, 2003 CanLII 49364 (ON SC):
In Snell v. Farrell, supra, Sopinka J. dealt with several issues relating to causation as they applied to medical malpractice cases. At page 328 he stated: In many malpractice cases, the facts lie particularly within the knowledge of the defendant. In these circumstances, very little affirmative evidence on the part of the plaintiff will justify the drawing of an inference of causation in the absence of evidence to the contrary. This has been expressed in terms of shifting the burden of proof.
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