What is the scope of protection for a plaintiff in a personal injury action against a physician?

Alberta, Canada


The following excerpt is from Fang v. Campbell Estate, 1994 ABCA 247 (CanLII):

Applying the above principles, the first step in determining whether the scope of protection was intended to apply to these facts is to characterize the present action. This is not a derivative action where, for example, the estate of the patient sues. This is an action by a stranger in the true sense; a member of the general public who must establish a duty of care owed to her by the physician. While any duty, and the corresponding standard of care, may relate to the physician's method of treatment of his patient, the action is not based on any other obligation to the patient. To be successful in her action (an issue on which I make no comment) the respondent must bring herself within the two-step approach outlined in Kamloops v. Nielson, 1984 CanLII 21 (SCC), [1984] 2 S.C.R. 2.

Other Questions


Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
What is the test for a plaintiff in a personal injury action against an insurance company? (British Columbia, Canada)
What is the test for determining a range of issues in a personal injury action brought by a plaintiff against an ICBC defendant? (British Columbia, Canada)
In a personal injury action, does a plaintiff have an obligation to cooperate with the insurer in order to avoid a claim against the insurer? (Manitoba, Canada)
What is the test for a substantial indemnity claim in a personal injury action brought by a Defendant against a Plaintiff? (Ontario, Canada)
What are the main arguments in a personal injury action brought by a plaintiff against a defendant? (British Columbia, Canada)
What is the legal basis upon which a plaintiff has made her submissions in a personal injury action against the Bank of Canada? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence a second action for damages arising out of the same circumstances? (Saskatchewan, Canada)
What is the evidence against the father in a personal injury action brought against the mother of their children? (Saskatchewan, Canada)