How has the law been interpreted in the context of medical malpractice cases?

British Columbia, Canada


The following excerpt is from Yoshikawa v. Yu, 1996 CanLII 3104 (BC CA):

61 This passage was quoted with approval by Macfarlane J.A. in giving the judgment of this Court in Skelton v. Stewart et al (1994), 93 B.C.L.R. (2d) at 200: Before setting out that quotation Macfarlane J.A. had said: I do not think that the trial judge misdirected himself on the law or misapprehended it. He considered the leading cases. At the heart of those cases is the question whether the symptoms of which a claimant complains are genuine, or whether they are motivated by a desire for financial gain. For there to be such a desire it surely must be a conscious one - one which can be controlled or overcome by the claimant. * * * The difficulties presented by this type of case are best left to the tribunal of fact. This decision I consider binding upon us.

Other Questions


Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
How have courts treated medical malpractice cases in the context of malpractice? (British Columbia, Canada)
How have courts interpreted the law in the context of medical malpractice cases? (British Columbia, Canada)
What is the standard of care of the medical staff in the context of medical malpractice cases? (British Columbia, Canada)
How have medical and/or legal opinions been interpreted in medical malpractice cases? (British Columbia, Canada)
What is the disposition of a medical malpractice case at a medical review board? (British Columbia, Canada)
What is the case law on non-pecuniary damages in medical malpractice cases? (British Columbia, Canada)
What is the difference between operational and policy decisions in the context of a medical malpractice case? (British Columbia, Canada)
How has consent or court approval been considered in the context of medical malpractice cases? (British Columbia, Canada)
What is the standard of disclosure required by the Canadian Medical Association in medical malpractice cases? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.