What is the seriousness of the gatekeeper function in medical malpractice cases?
Ontario, Canada
The following excerpt is from Cheesman et al. v. Credit Valley Hospital et al., 2019 ONSC 1907 (CanLII):
To demonstrate the seriousness of the gatekeeper function, the defendants referred me to Alakoozi Estate v. Hospital for Sick Children, 2004 CanLII 8394 where the trial judge refused to admit the plaintiff’s expert even though doing so deprived the plaintiff of any evidence about standard of care and therefore caused the plaintiff to lose the case.
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