What is the standard of damages for pain and suffering suffered by a plaintiff in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Bieling v Morris, 2021 BCSC 1905 (CanLII):
A plaintiff is entitled to reasonable damages for his or her pain and suffering. The general rule is that the plaintiff is to be restored to his or her original position and not to a better position: Blackwater v. Plint, 2005 SCC 58 at para. 78.
An award of non-pecuniary damages does not depend upon the seriousness of the injury, but on its ability to ameliorate the condition of the victim considering his or her particular situation. The gravity of the injury alone is not determinative. An appreciation of the individual’s loss is the key. There is no “tariff”. An award will vary to meet the unique circumstances of each case: Lindal v. Lindal, 1981 CanLII 35 (SCC), [1981] 2 S.C.R. 629 at 637.
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