What is the standard of causation in medical malpractice cases?
Alberta, Canada
The following excerpt is from Rogers v. Grypma, 2001 ABQB 958 (CanLII):
Causation in medical malpractice cases need not be attested to in terms of that scientific certainty or conclusiveness which is the ordinary practice of physicians. The law in the context of civil litigation demands a lesser standard, the standard of reasonable inference upon a balance of probabilities: Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the leading case on causation in medical negligence cases? (Alberta, Canada)
What is the standard of care of an inspector in a medical malpractice case? (Alberta, Canada)
In a medical malpractice case, can a medical professional become an insurer? (Alberta, Canada)
What is the standard of review in a medical malpractice case? (Alberta, Canada)
Is it appropriate for a medical professional to be considered a non-treating physician in a medical malpractice case? (Alberta, Canada)
What is the standard of care expected by a doctor in a medical malpractice case? (Alberta, Canada)
In a medical malpractice case, is a doctor permitted to refer to a patient’s medical chart containing information that is not relevant to the patient? (Alberta, Canada)
What is the standard of damages for a tortfeasor in a medical malpractice case where a patient loses most of his life savings? (Alberta, Canada)
What is the test for establishing causation in medical malpractice cases? (Alberta, Canada)
What is the standard of disclosure required by a physician in a medical malpractice case? (Alberta, Canada)
