What is the test for making a decision in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Cunningham and others v. B.C. (Ministry of Health) (No. 2), 2017 BCHRT 92 (CanLII):
Such a decision is discretionary and must be made on a case-by-case basis: Harrison v. Nixon Safety Consulting and others (No. 2), 2007 BCHRT 394, para. 35.
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