What is the test for a finding of material change in a medical malpractice case?
Ontario, Canada
The following excerpt is from Mackereth (Henderson) v. Henderson, 2012 ONSC 5054 (CanLII):
The case before this court is even stronger than Litman. Whereas the trial judge in that case merely failed to make a finding of material change, the trial judge in the present case made an express finding that no material change, as defined by Gordon v. Goertz, had been proven. As a matter of law, the only conclusions that logically flow from this are that the inquiry should have gone no further, and that the variation order made by the trial judge cannot stand.
"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
What is the case law on medical malpractice in the context of medical negligence cases? (Ontario, Canada)
How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)
What is a material change in the definition of a change in terms of material change? (Ontario, Canada)
Is a standard medical practice negligent in a medical malpractice case? (Ontario, Canada)
Is there any material change on the basis that the applicant has suffered a material change connected with his desire to retire? (Ontario, Canada)
What is the case authorities in the context of a medical malpractice case? (Ontario, Canada)
What is the current state of the law on disclosure of medical records in medical malpractice cases? (Ontario, Canada)
What is the case law on expert testimony in medical malpractice cases? (Ontario, Canada)
In a medical malpractice case, is a plaintiff entitled to access his medical records and charts? (Ontario, Canada)
What is the case law on the admissibility of expert evidence in medical malpractice cases? (Ontario, Canada)
