How have the courts treated expert reports in a medical malpractice case?

Nova Scotia, Canada


The following excerpt is from Lumsden v. Barry Cordage Ltd., 2010 NSSC 30 (CanLII):

In MacNeil v. Bethune, supra, the words of the chambers judge were canvassed at paragraph 12, and they equally apply to this case: 24 Unfortunately, the plaintiffs’ own expert reports on their face do not support the allegations of negligence, breach of professional duty and standard of care or causation. Quite the contrary, there is nothing in these reports to suggest any negligence on the part of the defendant doctors or the defendant hospital. 26 The plaintiff must be in a position to put forward at least some specific information to show that had a certain procedure or course of treatment been administered properly or had some other procedure, course of treatment or series of tests been followed, that the outcome of the plaintiff’s condition might have been different.

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