In what circumstances can a plaintiff in a medical malpractice action proceed with a jury?
Alberta, Canada
The following excerpt is from Saythavy v. Elsahib, 2006 ABQB 613 (CanLII):
In Cheema v. Delo, [2005] A.J. No 228, I decided (at para. 15-16) that, despite the fact that causation was contested on the basis of a pre-existing medical condition, the trial could properly proceed with a jury. I arrived at this decision even though the plaintiff in Cheema, supra., also required the assistance of an interpreter. Conclusion
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