What are the elements of a medical malpractice claim?

British Columbia, Canada


The following excerpt is from Grudzien v. Hu, 2013 BCSC 720 (CanLII):

The onus is on the defendant to prove that the plaintiff could have avoided all or a portion of his loss. In a personal injury case, the defendant must prove two things: 1. That the plaintiff acted unreasonably in failing to pursue a course of medical treatment recommended to him by doctors; and 2. The extent to which, if any, the plaintiff’s damages would have been reduced had he acted reasonably: Chui v. Chui, 2002 BCCA 618, at para. 57.

In order to prove a failure to mitigate, the defendant must do more than show that the plaintiff failed to engage in treatment that could or might have been beneficial: Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144, at para. 56.

Other Questions


How has the BCSC treated records of medical malpractice in medical malpractices? (British Columbia, Canada)
What is the duty of disclosure of medical malpractice in medical malpractices? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the current state of the law on medical malpractice claims against the medical profession for failure to warn? (British Columbia, Canada)
Is it necessary for a plaintiff to advance a future cost of care claim, in a medical malpractice action, to have a physician testify to the medical necessity of each and every item of care? (British Columbia, Canada)
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
What is the general rule and exceptions to standard medical practice in medical malpractice? (British Columbia, Canada)
What is the standard of reasonableness for a claim for special damages in a medical malpractice case? (British Columbia, Canada)
What is the test for meeting the threshold burden of a claim in an action brought by a plaintiff in a medical malpractice case? (British Columbia, Canada)
How have medical and/or legal opinions been interpreted in medical malpractice cases? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.