What is the test for establishing an element of care or control in a medical malpractice case?
Alberta, Canada
The following excerpt is from R. v. Ingram, 2007 ABQB 631 (CanLII):
The element of care or control may be established either by reliance upon the presumption in s. 258 (1)(a) of the Criminal Code where it is applicable, or by showing actual care or control without reliance on the presumption. (R v. Toews, supra, at para 7).
"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
How have courts treated the word "medical services" in a medical malpractice case? (Alberta, Canada)
What are the elements of informed consent in medical malpractice cases? (Alberta, Canada)
In a medical malpractice case, can a medical professional become an insurer? (Alberta, Canada)
Is it appropriate for a medical professional to be considered a non-treating physician in a medical malpractice case? (Alberta, Canada)
What are the costs of a claim for malpractice brought by a plaintiff in a medical malpractice case? (Alberta, Canada)
What is the test for establishing causation in medical malpractice cases? (Alberta, Canada)
In a medical malpractice case, is a doctor permitted to refer to a patient’s medical chart containing information that is not relevant to the patient? (Alberta, Canada)
What is the test to be applied in the resolution of a medical malpractice case? (Alberta, Canada)
What is the standard of care expected by a doctor in a medical malpractice case? (Alberta, Canada)
What is the test of reasonable care in medical malpractice cases? (Alberta, Canada)
