What is the burden of proof for a plaintiff in a medical malpractice case?
Alberta, Canada
The following excerpt is from Waap v. Alberta, 2008 ABQB 544 (CanLII):
The burden of proof lies with the plaintiff. However, where no contrary evidence is adduced by the doctors, an inference of causation may be drawn using a "robust and pragmatic" approach to the facts, even though positive or scientific proof of causation has not been adduced: Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311 at 330.
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