What is the test for a finding of negligence in a medical malpractice case?
Saskatchewan, Canada
The following excerpt is from Giesbrecht v. L. V. Wolfe & Sons, 1944 CanLII 155 (SK CA):
It is true that there is one observation in the finding in question which has nothing whatever to do with the issues in the case but if the other parts of it be construed as they should be in the light of the evidence and in relation to the charge of the trial Judge and not too narrowly, the finding appears sufficiently valid to be sustained merely as a finding of negligence: Jensen v. C.N.R. 1943 CanLII 133 (SK CA), [1943] 2 W.W.R. 109, 56 C.R.T.C. 89; hence counsel’s application for dismissal must be refused.
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