What is the governing principle on resolution of a medical malpractice case?
British Columbia, Canada
The following excerpt is from Cook v. Webb and Webb, 2004 BCSC 453 (CanLII):
The governing principle on the resolution of this dispute is defined in Maslen v. Rubenstein:[1] ... there must be evidence of a "convincing" nature to overcome the improbability that pain will continue, in the absence of objective symptoms, well beyond the normal recovery period, but the plaintiff's own evidence, if consistent with the surrounding circumstances, may nevertheless suffice for the purpose.
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