How has the material contribution test been used in medical malpractice cases?
British Columbia, Canada
The following excerpt is from Ek v. Littler, 2011 BCSC 1756 (CanLII):
In Chambers v. Goertz, 2009 BCCA 358, 96 B.C.L.R. (4th) 236, Mr. Justice K. Smith discussed the fact that the use of the material-contribution test leads to the finding of a legal, as opposed to a factual, connection between a defendant’s negligence and the harm suffered by a plaintiff:
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