In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident?
Ontario, Canada
The following excerpt is from Igbokwe v. Price, 2005 CanLII 1044 (ON CA):
The trial judge gave a fair and impartial charge to the jury, which included a specific causation direction based on Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458. On all the evidence the jury was entitled to reject the plaintiff’s position that his ongoing medical difficulties were caused by the motor vehicle accident and to reflect this finding in its assessment of damages. In our view, the jury’s verdict and assessment of damages was not perverse.
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