Does the principle of common law apply in medical malpractice actions?
Alberta, Canada
The following excerpt is from McBride v. Langton, 1982 CanLII 1202 (AB QB):
It was held for many years that that principle did not apply in malpractice actions. As recently as 1940 in Clark v. Wansbrough, [1940] O.W.N. 67, the Ontario High Court of Justice refused to apply the doctrine in a malpractice suit.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
What is the current state of the law on the right of a medical professional to present new evidence at a medical malpractice hearing? (Alberta, Canada)
Is there any common law common law concept or common law relation to corporate shields or corporate vale? (Alberta, Canada)
Does the multiplicity principle apply to an action against a lawyer? (Alberta, Canada)
Does the principle of res judicata apply when one party has brought a new cause of action against the same party? (Alberta, Canada)
In a medical malpractice case, can a medical professional become an insurer? (Alberta, Canada)
In a medical malpractice case, is a doctor permitted to refer to a patient’s medical chart containing information that is not relevant to the patient? (Alberta, Canada)
What is the test to be applied in the resolution of a medical malpractice case? (Alberta, Canada)
Is a common law wife entitled to use the term "common law husband" in the context of the common law husband? (Alberta, Canada)
What is the effect of undue expense on a plaintiff’s claim in a medical malpractice action? (Alberta, Canada)
