What is the impact of negligence on a plaintiff's medical malpractice case?

British Columbia, Canada


The following excerpt is from Jung v. Vlastelic, 2003 BCPC 144 (CanLII):

The number and severity of injuries alleged in this action brings to mind the often quoted passage of McEachern C.J.S.C. (as he then was) in the case of Price v. Kostryba, (1982) B.C.J. No. 1482 at paragraphs 6 and 7: I am not stating any new principle when I say that the court should be exceedingly careful when there is little or no objective evidence of continuing injury and when complaints of pain persist for long periods extending beyond the normal or usual recovery. An injured person is entitled to be fully compensated for any injury or disability caused by a wrongdoer. But no one can expect his fellow citizens to compensate him in the absence of convincing evidence - which could be just his own evidence if the surrounding circumstances are consistent - that his complaints of pain are true reflections of continuing injury. Analysis

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