What is the test for establishing negligence in a medical malpractice action?

Manitoba, Canada


The following excerpt is from Ruest et al v Manitoba (Water Stewardship Department) et al, 2019 MBCA 1 (CanLII):

As the plaintiffs framed their action in negligence, I will briefly review the principles of negligence. As correctly stated by the motion judge, (at para 20): To establish negligence, the plaintiffs must demonstrate (1) that the defendant owed them a duty of care; (2) that the defendant’s behaviour breached the standard of care; (3) that the plaintiffs sustained damage; and (4) that the damage was caused, in fact and in law, by the defendant’s breach. See Mustapha v. Culligan of Canada Ltd., 2008 SCC 27, [2008] 2 S.C.R. 114 at para. 3.

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