What are the elements of a claim for damages arising out of a medical malpractice claim?
Ontario, Canada
The following excerpt is from Red Carpet Inns Ltd. v. Ontario (Metropolitan Toronto and Region Conservation Authority), 2004 CanLII 185 (ON CA):
The elements consist of a duty of care based on a special relationship; a representation that is untrue, inaccurate, or misleading; negligent conduct on the part of the representor in making the representation; reasonable reliance on the part of the representee; and detrimental reliance on the part of the representee: see Queen v. Cognos 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87.
"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 divorce claim from corollary issues arising from a medical malpractice case be denied for prejudice to the other spouse? (Ontario, Canada)
How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)
On the third ground of a medical malpractice claim, is there a duty of care pleaded which is fatal to the claim? (Ontario, Canada)
What is the medical context for battery claims in medical malpractice cases where consent was not obtained? (Ontario, Canada)
Does an alternate partially successful claim for compensation against his aunt 11 months after the date of a subsequent acknowledged liability of that subsequently acknowledged liability in a claim for damages arising out of a property valuation? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
In a medical malpractice action, can provincial insurers who have subrogated claims be included in the claim? (Ontario, Canada)
What is the test for granting summary judgment on a medical malpractice claim? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence? (Ontario, Canada)
Can a medical malpractice claim negligence even in the absence of expert evidence? (Ontario, Canada)
