What is the test for a plaintiff to recover damages in a medical malpractice case?
Ontario, Canada
The following excerpt is from Danluck v. Birkner et al., 1946 CanLII 6 (ON CA):
Under Indermaur v. Dames, a plaintiff, as a sine qua non of recovery, must show that he was using reasonable care on his own behalf—it is not a mere matter of contributory negligence, but a condition of recovery: Salmond on Torts, 10th ed. 1945, p. 479. Cur. adv. vult.
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