What is the test for a jury to decide whether a plaintiff in a medical malpractice case is entitled to a scientific investigation?
British Columbia, Canada
The following excerpt is from Wipfli v. Britten, 1981 CanLII 615 (BC SC):
Following my own decision in Mewhort v. Frimer (1980), 19 C.P.C. 59 (B.C.S.C), I am satisfied that the trial of the issues in this case requires a scientific investigation. It was not seriously suggested that it does not. Can This Scientific Investigation Be Made "Conveniently" With a Jury?
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