What are the principles of the law in medical malpractice cases?
British Columbia, Canada
The following excerpt is from Rice v. Chan Estate, 1998 CanLII 3978 (BC SC):
A succinct summary of those principles is in Hall v. Hebert, 1993 CanLII 141 (SCC), [1993] 2 S.C.R. 159 at 176 per McLachlin J.: The question that the law asks is whether an injured party suffered a recognized sort of injury, at the hands of someone who owed this party a duty of care, and who caused reasonably foreseeable damage by falling below the standard of care that the law imposes.
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