What is the test for an application to obtain medical malpractice?
British Columbia, Canada
The following excerpt is from Hallworth v. Hallworth, 1987 CanLII 2661 (BC SC):
I am satisfied that, in this case, the defendant has discharged the onus of showing that his application is not in the nature of a “fishing expedition”. In such circumstances, it is clear from the decision in Dufault v. Stevens that, unless there are compelling reasons to the contrary, the application should be granted. Nothing was filed to substantiate any such compelling reason and the doctors themselves did not oppose the application.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
What is the duty of disclosure of medical malpractice in medical malpractices? (British Columbia, Canada)
How has the BCSC treated records of medical malpractice in medical malpractices? (British Columbia, Canada)
When considering a patient's medical history, is it possible for the medical malpractice review to consider a single file? (British Columbia, Canada)
What is the disposition of a medical malpractice case at a medical review board? (British Columbia, Canada)
What is the general rule and exceptions to standard medical practice in medical malpractice? (British Columbia, Canada)
What is the standard of care of the medical staff in the context of medical malpractice cases? (British Columbia, Canada)
What is the effect of a fourth demand for particulars in a medical malpractice application? (British Columbia, Canada)
Is it necessary for a plaintiff to advance a future cost of care claim, in a medical malpractice action, to have a physician testify to the medical necessity of each and every item of care? (British Columbia, Canada)
What is the standard of disclosure required by the Canadian Medical Association in medical malpractice cases? (British Columbia, Canada)
