Can a non-tortious precondition be taken into account in assessing contingencies in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Barnes v. Richardson et al., 2008 BCSC 1349 (CanLII):
An asymptomatic non-tortious precondition, while not relevant to causation, may be taken into account in assessing contingencies: Larwill v. Lanham, 2003 BCCA 629, 190 B.C.A.C. 13 at para. 22. If there is a measurable risk that the pre-existing condition would have detrimentally affected the plaintiff in the future, regardless of the defendant’s negligence, this can be taken into account in reducing the overall award: Athey at para. 35.
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