Does a defendant have 100% liability in a medical malpractice case?
Alberta, Canada
The following excerpt is from Dushynski v. Rumsey, 2001 ABQB 513 (CanLII):
Dean Klar came to a similar conclusion in a case comment on Mackie v. Wolfe,[2] noting that If causally connected, there ought to have been 100% liability, as long as the negligence was not de minimis in producing the illness. The fact that a host of non tort factors contributed to the injuries does not relieve the defendant from liability if his conduct materially contributed to those injuries.
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