What is the standard of proof in medical malpractice cases?

British Columbia, Canada


The following excerpt is from Douglas Hall (Re), 2006 LSBC 10 (CanLII):

In that regard, we reviewed the decision of Madam Justice McLachlin in Jory v. The College of Physicians and Surgeons of British Columbia [1985] B.C.J. No. 320, a decision of the British Columbia Supreme Court. In that decision, Madam Justice McLachlin said: “The standard of proof required in cases such as this is high. It is not the criminal standard of proof beyond a reasonable doubt. But it is something more than a bare balance of probabilities. The authorities establish that the case against a professional person on a disciplinary hearing must be proved by a fair and reasonable preponderance of credible evidence. The evidence must be sufficiently cogent as to make it safe to uphold the findings with all the consequences for the professional person’s career and status in the community.” [authorities omitted]

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