In a medical malpractice case, in what circumstances will a physician be able to determine the cause of injury to the patient?
Ontario, Canada
The following excerpt is from Aristorenas v. Comcare Health Services, 2006 CanLII 33850 (ON CA):
In my view, the focus of this submission is too narrow. In Snell v. Farrell, Sopinka J. said at para. 18, "[p]roof of causation in medical malpractice cases is often difficult for the patient. The physician is usually in a better position to know the cause of the injury than the patient."
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