How is causation determined in medical negligence cases?

Ontario, Canada


The following excerpt is from Shumka v. Holloway, 2002 CanLII 22373 (ON SC):

Causation is proved on the balance of probabilities. There are two aspects of the causation inquiry: cause in law which comprises the traditional remoteness inquiry and cause in fact. To be held liable in medical negligence the result must have been reasonably foreseeable. The court must be careful to place itself in the position of the person charged with the duty and to consider what he or she should have reasonably anticipated as a natural and probably consequence of neglect, and not give undue weight to the fact that a distressing accident has happened. Cardin v. Montreal, (1961) 1961 CanLII 77 (SCC), 29 D.L.R. (2d) 492 (S.C.C.).

Other Questions


What is the test for a flexible approach to causation in medical negligence cases? (Ontario, Canada)
What are the elements of negligence and causation in medical malpractice cases? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence cases? (Ontario, Canada)
What is the test for determining but for causation in medical malpractice cases? (Ontario, Canada)
What are the elements of determining causation in medical malpractice cases? (Ontario, Canada)
What is the test for establishing causation in a medical negligence action? (Ontario, Canada)
What is the law of causation in medical malpractice cases? (Ontario, Canada)
What is the "but for" test in medical negligence cases? (Ontario, Canada)
What is the test for negligent negligence in medical malpractice cases? (Ontario, Canada)
How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)

There are no other similar questions at this time.