What is the current state of the law on procedural deficiencies in medical malpractice?
British Columbia, Canada
The following excerpt is from Vandebogart v. Nyrstar Myra Falls and others, 2014 BCHRT 93 (CanLII):
It is important to understand that, in British Columbia, procedural deficiencies do not ground an allegation of discrimination. The procedural component of the duty to accommodate is merely an analytical tool to assist in determining whether a complainant has substantively been accommodated to the point of undue hardship. It is not a separate duty that can be breached: Emergency Health Services Commission v. Cassidy, 2011 BCSC 1003, paras. 33 and 34.
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