How have the courts interpreted the words “not resulting in death” in the context of medical malpractice cases?
Saskatchewan, Canada
The following excerpt is from Gukert v. Kuntz, 1970 CanLII 630 (SK CA):
A possible explanation for the use of the words “not resulting in death” is the one suggested by the editorial note [D.L.R.] to Jensen v. C.N.R., 1942 CanLII 163 (SK QB), [1942] 2 W.W.R. 368, 54 C.R.T.C. 394, [1942] 3 D.L.R. 694, namely, that it was “to preserve strictly” the rule in Baker v. Bolton et al. (1808), 1 Camp. 493, 170 E.R. 1033, where Lord Ellenborough told the jury: “In a civil Court, the death of a human being could not be complained of as an injury; ...”
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