What is the test for a plaintiff to sue a medical professional who has breached standard of care?
British Columbia, Canada
The following excerpt is from Fullerton (Guardian ad litem of) v. Delair et al., 2005 BCSC 204 (CanLII):
Even if a medical professional has breached the appropriate standard of care, the plaintiff must still establish that the breach is causally connected to the plaintiff's injury. The plaintiff must show that but for the defendant's breach the injury would not have occurred, or that the breach materially contributed to the occurrence of the injury: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458. 2. Findings on Disputed Evidence
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