What is the test for negligence in a medical malpractice action?
British Columbia, Canada
The following excerpt is from Mineault v. Kamloops (City), 2017 BCSC 316 (CanLII):
The first question to consider in this action for negligence is whether the defendants owe the plaintiff a duty of care. This question focusses on the relationship between the parties, asking “whether this relationship is so close that one may reasonably be said to owe the other a duty to take care not to injure the other”: Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 at para. 4.
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