What is the standard of damages for a tortfeasor in a medical malpractice case where a patient loses most of his life savings?
Alberta, Canada
The following excerpt is from Duncan Estate v. Baddeley, 1997 ABCA 100 (CanLII):
I have already said that the tortfeasor should pay only what is lost. If the tortfeasor kills me, I have lost much, but I have not lost what I would have spent on noncapital items had I lived. A major adjustment to awards of this kind must be made for the off-setting savings during the expected life of the victim; for example, for the savings of personal living expenses. That is the rule in Toneguzzo-Norvell v. Burnaby Hospital. 1994 CanLII 106 (SCC), [1994] 1 S.C.R. 114.
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