What is considered a total disability in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Paul Revere Life Ins. Co. v. Dufton, 1988 CanLII 3080 (BC SC):
The manner in which one performs one's duty was a consideration before the court in Scalia v. Travelers Ins. Co., 210 So. 2d 373 (La. C.A. 2nd Circ., 1968): … total disability … does not mean … a state of absolute helplessness but contemplates inability to do substantially all the material acts … in substantially his usual and customary manner.
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