What is the test for a dental malpractice claim?

British Columbia, Canada


The following excerpt is from Burton v. Drs. Gill, Truong and Kooner Inc., 2019 BCCRT 993 (CanLII):

16. I acknowledge the applicant’s concerns. However, to be successful in this dispute, the law is clear that the applicant must establish that: the respondent owed her a duty of care, the respondent failed to meet the applicable standard of care, that she sustained a loss, and that her loss was related to the respondent’s breach of the standard of care. The applicant’s allegations concern professional negligence in that she says that the respondent’s services fell below the standard of a reasonably competent dentist. In such cases, it generally is necessary for an applicant to prove a breach of the applicable standard of care with expert evidence as this is outside the knowledge or expertise of an ordinary person (see, for example, ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 SCR 674 and Bergen v. Guliker, 2015 BCCA 283).

Other Questions


Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the difference between moral claims and moral claims? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
What is the test for professional negligence in dental malpractice cases? (British Columbia, Canada)
What is the test for reprehensible conduct in dental malpractice cases? (British Columbia, Canada)
What is the test for malicious behaviour, bad faith, and unlawful conduct in dental malpractice cases? (British Columbia, Canada)
What are the elements of a medical malpractice claim? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)
What is the test for meeting the threshold burden of a claim in an action brought by a plaintiff in a medical malpractice case? (British Columbia, Canada)
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.