Is there any difference between a missed diagnosis and a subsequent motor vehicle accident?
Alberta, Canada
The following excerpt is from Fournier v. Wiens, 2004 ABQB 430 (CanLII):
Further, as noted in Kempton v. Park, supra, it is problematic to equate a missed diagnosis case with a typical motor vehicle accident case. There are often unnecessary or more invasive treatments involved where a diagnosis has been delayed. Furthermore, inevitably there is psychological stress related to the misdiagnosis which would not necessarily be present in the case of an accident. The challenge is to avoid overlap in compensation.
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