Is there any case law where a plaintiff has been successful in a medical negligence action?
British Columbia, Canada
The following excerpt is from Sather v. Rousseau et al., 2006 BCSC 264 (CanLII):
In Anderson v. University of British Columbia, [1990] B.C.J. No. 2507 (S.C.), the plaintiff commenced an action against the defendant for medical negligence. He sought to have the issue of liability determined separately, and prior to the issue of damages. He claimed that he did not have the financial reserves to pay for the expenses of trying both liability and damage issues at the same time.
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