What is the test for a jury in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Campbell v. McDougall, 2011 BCSC 1864 (CanLII):
In my opinion, the significant variety and the clash of the medical‑legal opinions relating to the plaintiff’s diagnosis and prognosis will require the jurors to embark upon a scientific investigation. In reaching this conclusion, I find the following observations of Esson J. (as he then was) in Sadowick v. Doobay, [1982] B.C.J. 447 (S.C.), at paragraph 12, equally applicable to the case at bar:
"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
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
How have courts treated medical malpractice cases in the context of malpractice? (British Columbia, Canada)
What is the standard of care of the medical staff in the context of medical malpractice cases? (British Columbia, Canada)
How have medical and/or legal opinions been interpreted in medical malpractice cases? (British Columbia, Canada)
What is the case law on non-pecuniary damages in medical malpractice cases? (British Columbia, Canada)
What is the legal basis for medical justification in medical malpractice cases? (British Columbia, Canada)
What is the disposition of a medical malpractice case at a medical review board? (British Columbia, Canada)
What is the standard of disclosure required by the Canadian Medical Association in medical malpractice cases? (British Columbia, Canada)
What is the case law on the validity of evidence in a medical malpractice case? (British Columbia, Canada)
What is the test for determining whether the evidence in a medical malpractice case supports the case? (British Columbia, Canada)
