What is the test for proving that a plaintiff can reasonably expect a loss of income as a result of a medical malpractice?
British Columbia, Canada
The following excerpt is from Romanetz v Leone, 2016 BCSC 1750 (CanLII):
In elaborating on this point further, in Cummings v. Hitt, 2015 BCSC 530, Dickson J. of our court confirmed that the plaintiff need not prove future hypothetical events on a balance of probabilities. As long as the plaintiff can show a “real and substantial possibility” of future income loss and that such possibility is not mere speculation, she should be compensated.
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