What is the test for negligence in pre-operative care?

Prince Edward Island, Canada


The following excerpt is from MacWilliams v. Connors, 2017 PESC 2 (CanLII):

22. The plaintiff alleges negligence in the pre-operative, intra-operative, and post-operative care she received from the defendant. At every stage, the onus is on the plaintiff to prove: a) that the defendant owed the plaintiff a duty of care; b) that the defendant's behavior breached the standard of care; c) that the plaintiff sustained damage; and d) that the damage was caused, in fact and in law, by the defendant's breach. (See Mustapha v. Culligan of Canada Ltd., 2008 SCC 27, at para. 3) Duty of Care

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