What is the test for proving liability in a tort action brought by a plaintiff who sustained nerve root damage during lumbar puncture procedures in 1990?

As stated by Gonthier J. in Lawson v. Laferriere, supra, civil responsibility requires proof of fault (negligence), causation and damage. The evidence does not establish, on a balance of probabilities, the underlying cause of the plaintiff’s chronic pain condition. Her symptoms are at least as consistent with a spread of the viral disease she was suffering from when attending at the hospital on August 19, 1990, as with nerve root damage caused during the lumbar puncture procedures. Moreover, the evidence fails to show, on a balance of probabilities, that her left leg pain resulted from any negligent treatment or conduct (fault) by the defendant. That the plaintiff is suffering from a chronic pain condition is not doubted. As unfortunate as that condition is, she has failed to establish, on a balance of probabilities, a causal connection between her pain and a breach of duty by the defendant. The action is, therefore, dismissed with costs. ____________________________________J.