What is the test for "common sense" in determining whether a doctor's failure to follow a TB protocol caused liver failure?
British Columbia, Canada
The following excerpt is from Fraser Health Authority v. Workers’ Compensation Appeal Tribunal, 2013 BCSC 524 (CanLII):
In Sam v. Wilson, Smith J.A. held that the trial judge erred by applying “common sense” in a case in which there was, and which called for, affirmative expert opinion. What was at issue in that case was whether a doctor’s failure to follow a TB protocol caused the plaintiff’s liver failure. In order to find that the failure to adhere to the TB Protocol caused the plaintiff’s liver failure, the trial judge would have had to conclude that blood tests conducted in early or mid-March would likely have disclosed abnormally elevated liver enzymes. The court noted the requirement for expert evidence on such a point:
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