What is the test for proving negligence in a medical malpractice case?

To establish that the defendant was negligent, the plaintiff must prove the following four elements on a balance of probabilities: (i) that the defendant owed a duty of care, (ii) that the defendant breached the applicable standard of care, (iii) that the plaintiff sustained damages, and (v) that the damages were caused, in fact and in law, by the defendant’s breach: Hussack v. Chilliwack School District No. 33, 2011 BCCA 258 at para. 33. However, because this is a liability-only trial, I need only consider the first two elements of the tort of negligence. Thus, if the plaintiff is able to prove liability, then the latter two elements, i.e. quantum of damages, and the extent to which those damages were caused by the defendant’s negligence, would fall to be determined at a later stage of the proceedings: Dhillon v. Virk, 2014 BCSC 745 at para. 19.