What is the effect of negligence on a plaintiff in a medical malpractice case?

I must add a personal note. In the conclusion to the reasons for judgment of Linden J. in Davidson v. Connaught Laboratories et al. (1980), 14 C.C.L.T. 251, there is to be found, in more or less precatory language, an eloquent expression of concern about the requirement of our law that fault exist as a condition precedent to the receipt of compensation in matters of this kind. I cannot leave this case without following Mr. Justice Linden's example. I confess to a feeling of discomfort over a state of affairs, in an enlightened and compassionate society, in which a patient, who undergoes a necessary procedure and who cannot afford to bear the entire loss, through no fault of his and reposing full confidence in our system of medical care, suffers catastrophic disability but is not entitled to be compensated because of the absence of fault on the part of those involved in his care. While it may be that there is no remedy for this unfortunate and brave plaintiff and that this shortcoming should not be corrected judicially, there is, in my view, an urgent need for correction.