What is the impact of a complex medical malpractice claim on the courts?
British Columbia, Canada
The following excerpt is from Morin v. 0865580 B.C. Ltd., 2014 BCSC 2110 (CanLII):
A complex claim may involve an extensive record and a significant commitment of time and expense. However, proportionality is inevitably comparative; even slow and expensive procedures can be proportionate when they are the fastest and most efficient alternative. The question is whether the added expense and delay of fact finding at trial is necessary to a fair process and just adjudication. See also the more extensive discussion in Gichuru v. Pallai, 2013 BCCA 60, at paras. 28 – 35.
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