Is there a duty of care in the medical malpractice case?
Ontario, Canada
The following excerpt is from Laurie Thatcher-Craig v. The Corporation of the Township of Clearview, 2021 ONSC 7352 (CanLII):
Moreover, even if I were to accept that the suggested duty of care exists, the plaintiffs still have most of the hard work ahead of them. They must still establish: (a) The applicable standard of care; (b) A breach of that standard of care; and, (c) Causation, in fact and in law. See Drougov v. Apotex Inc., 2015 ONSC 2896, at para. 21.
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