What is the test for gross negligence in medical malpractice?
Canada (Federal), Canada
The following excerpt is from Agregan v. The Queen, 2008 TCC 572 (CanLII):
In Venne v. R.[1] at paragraph 37 Strayer J. stated the test for gross negligence as follows: "Gross negligence" must be taken to involve greater neglect than simply a failure to use reasonable care. It must involve a high degree of negligence tantamount to intentional acting, an indifference as to whether the law is complied with or not.
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