What is the test for assessing a plaintiff’s general contingencies in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Smith v Law, 2021 BCSC 1789 (CanLII):
The court “must take into account all substantial possibilities and give them weight according to how likely they are to occur, in light of all the evidence”: Parypa at para. 67. The court must further consider all appropriate contingencies, both positive and negative, general and specific: Djukic v. Hahn, 2006 BCSC 154 [Djukic] at paras. 104 to 108 (aff’d 2007 BCCA 203). General contingencies include “the potential for improvement in health, opportunities for advancement and the ‘usual chances and hazards of life.’ [citation omitted]”: Djukic para. 105.
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