What is the current state of the law on trespass in medical malpractice cases?
Saskatchewan, Canada
The following excerpt is from Frerotte v. Irwin, 1986 CanLII 3182 (SK QB):
If Reibl v. Hughes, supra, eliminated the possibility of trespass to the person based on intention where there has been pro forma consent, and restricts claims to those based on negligence, the action of trespass has been greatly circumscribed so far as medical practitioners are concerned.
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