What is the test for a medical malpractice charge?
British Columbia, Canada
The following excerpt is from Summers v McGinnis, 2005 BCSC 523 (CanLII):
As stated by the court in Mohr v. Dent, supra, I must satisfy myself that: “…there was in fact a loss suffered by the doctor which justifies him in rendering a fee payable by the defendant”
I might also consider the fact that: “Such a loss is more likely to be suffered by a less expert doctor than a specialist, since the neophyte is less likely to have other patients knocking at his door readily available to be attended to.” [Mohr v. Dent, supra]
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