What is the difference between a plaintiff and a medical professional?
Newfoundland and Labrador, Canada
The following excerpt is from Hammond v. Wabana (Town Council), 1998 CanLII 18022 (NL CA):
Snell v. Farrell was dealing with a medical malpractice suit where, as in so many cases, the plaintiffs have little real idea as to what was actually happening to cause the injury whereas the medical personnel who may have been responsible or to some extent responsible are generally in the position to have a greater knowledge of what actually happened.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a payment for a medical report respecting a potential plaintiff’s injuries not a payment in respect of that cause of action? (Newfoundland and Labrador, Canada)
When a plaintiff succeeds on one cause but fails on two other causes of action but loses out on the other two? (Newfoundland and Labrador, Canada)
What is the authority on battery in medical malpractice cases? (Newfoundland and Labrador, Canada)
What are the implications of a physician's failure to bring disability payments into account in a medical malpractice action? (Newfoundland and Labrador, Canada)
Is there any case law where a plaintiff has been awarded damages for personal injury damages in a motor vehicle accident? (Newfoundland and Labrador, Canada)
On what basis can an expert make recommendations or recommendations in a medical malpractice case? (Newfoundland and Labrador, Canada)
Is there any difference between the construction and interpretation of mixed fact and law in determining the existence of an oral contract? (Newfoundland and Labrador, Canada)
How much can a defendant deduct from a plaintiff’s set-off? (Newfoundland and Labrador, Canada)
What factors, if any, should have been considered by the trial judge in the case of a plaintiff who refused to receive an injection to treat her arthritis? (Newfoundland and Labrador, Canada)
What is the difference between general and aggravated damages in a personal injury case? (Newfoundland and Labrador, Canada)
