What is the burden of proving a plaintiff's claim against a doctor who failed to treat her properly?
Alberta, Canada
The following excerpt is from Yakemchuk Estate v. St. Joseph’s General Hospital (Vegreville), 1998 ABQB 711 (CanLII):
The plaintiff has the burden to show that there was a lack of due care, skill and diligence on the part of each respective defendant doctor, and that the death was a result of such lack of care, skill and diligence: Challand v. Bell, 17 W.W.R. (N.S.) 182.
"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
What is the burden of proving that a doctor breached a plaintiff's duty of disclosure? (Alberta, Canada)
In what circumstances will a plaintiff not be able to prove for discovery that there is no defence to his claim? (Alberta, Canada)
What is the test for a plaintiff to claim damages for items that have not been claimed? (Alberta, Canada)
What is the burden of proving that an action has failed to succeed? (Alberta, Canada)
Is a doctor liable for negligence or breach of contract for failing to treat a patient for a medical malpractice? (Alberta, Canada)
What is the test for a plaintiff to prove a lack of informational disclosure in a claim? (Alberta, Canada)
Can a plaintiff amend his Statement of Claim to add a defendant to his Claim? (Alberta, Canada)
Is a plaintiff entitled to claim damages for failing to recognize that he has been deprived of enjoyment of life as he knew it before the accident? (Alberta, Canada)
What is the difference between the respective fault of a contractor and a plaintiff who failed to wear a seat belt? (Alberta, Canada)
Does a party have a heavy burden on striking out a statement of claim? (Alberta, Canada)
