What is the effect of undue expense on a plaintiff’s claim in a medical malpractice action?
Alberta, Canada
The following excerpt is from Bowes v. Edmonton (City of), 2007 ABCA 347 (CanLII):
Even if undue expense were not a defence, one would have to subtract from the plaintiffs’ damages the expense of such postulated further studies: Holbeck v. Scarborough, supra, at p. 662. That might mean a pyrrhic victory.
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