What is the test for a medical malpractice case?
British Columbia, Canada
The following excerpt is from Grabovac v Fazio, 2021 BCSC 2362 (CanLII):
One significant difficulty with the defendants’ position is their invitation to depart from the medical evidence before me, and engage in my own diagnosis of the plaintiff. This, I cannot do. In ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674, Justice Sopinka, writing for the majority held in part:
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