What is the quantum and/or quantum of damages awarded in medical malpractice cases?
Alberta, Canada
The following excerpt is from Carriere v. Schlachter, 1999 ABQB 294 (CanLII):
Bayer Aktiengesellschaft v. Apotex Inc., supra, involved a determination of quantum as well as liability. While the decision does not expressly refer to the sums awarded, it appears that the end result of the judgment was as good as the offer, although punitive damages were not included. The ratio of the decision must be, therefore, that it is the total dollar result which triggers the application of the extra costs rules rather than success in every individual claim.
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