What is the test for establishing that delay in removing a mole resulted in malignant melanoma or spreading the cancer?
Alberta, Canada
The following excerpt is from O'Grady v. Stokes, 2005 ABQB 247 (CanLII):
In the end, I am not persuaded, on a balance of probabilities, that the plaintiff has established that a delay in removing the mole resulted in the malignant melanoma or the spreading of the cancer. It is not enough for the plaintiff to show that her injuries were “possibly” caused by the defendant’s negligence nor is it enough to prove that there was a loss of a chance in avoiding the injury: Laferriere v. Lawson, 1991 CanLII 87 (SCC), [1991] 1 S.C.R. 541.
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