What is the test for serious medical malpractice?

Nova Scotia, Canada


The following excerpt is from A.B. v. United Kingdom (Attorney General), 2019 NSSC 289 (CanLII):

The Defendant points to MEH v. Williams, 2012 ONCA 35, in support of its position that, to amount to a serious risk to the proper administration of justice, physical or emotional harm must be of such a serious or debilitating degree that they undermine the moving party’s ability to access the courts; they must be convincing and subject to close scrutiny, and meet rigorous standards; and be based on expert medical opinion firmly based on reliable evidence of the specific circumstances and condition of the litigant. Analysis

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