How has the but for test been applied in medical malpractice cases?
British Columbia, Canada
The following excerpt is from Gill v Dhaliwal, 2021 BCSC 1562 (CanLII):
In Tsalamandris v. MacDonald, 2011 BCSC 1138, Madam Justice Griffin, as she then was, illustrated the application of the “but for” test in the context of assessing medical evidence, noting:
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