What is the test to prove that proper diagnosis and treatment would have avoided the unfavourable outcome?
Newfoundland and Labrador, Canada
The following excerpt is from Cleary v. Courtney, 2010 NLCA 46 (CanLII):
It is not enough to prove that proper diagnosis and treatment would have afforded a chance of avoiding the unfavourable outcome: Cottrelle, supra para. 25. See also: St-Jean v. Mercier, 2002 SCC 15.
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