What is the test for negligent negligence in a medical malpractice case?
Ontario, Canada
The following excerpt is from Girard and Gagnon v. Windsor Regional Hospital, 2014 ONSC 87 (CanLII):
Furthermore, as was stated by Hall J. in University Hospital v. Lepine, 1966 CanLII 63 (SCC), [1966] S.C.R. 561, whether or not an act or omission is negligent must be judged not by its consequences alone, but also by considering whether a reasonable person should have anticipated that what happened might be a natural result of that act or omission.
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