What is the effect of undue influence on a plaintiff to settle a claim for medical malpractice?

Alberta, Canada


The following excerpt is from Floyd v. Couture, 2004 ABQB 238 (CanLII):

Williams v. Boston, [2001] A.J. No. 1661, 2001 ABQB 1105 (affirmed (2003), 327 A.R. 55, 2003 ABCA 84) is one of those cases in which the court found the agreement was unconscionable however, the factual circumstances smacked of undue influence and coercion (the judge also found undue influence). The plaintiff settled, with an adjuster, 10 days after the accident. Neither she nor the adjuster had any medical report concerning her prognosis or expected time of recovery. The plaintiff told the adjuster she wanted to await further medical evidence before settling her claim. She testified that she felt pressured into accepting the offer as the adjuster told her she was unlikely to receive a settlement that exceeded his offer, it was his opinion her injuries would resolve within one month, and if she did not settle that day, she might not receive any compensation later and would have to pay fees of future medical reports. The plaintiff never cashed the cheque.

Other Questions


What is the effect of undue expense on a plaintiff’s claim in a medical malpractice action? (Alberta, Canada)
What are the costs of a claim for malpractice brought by a plaintiff in a medical malpractice case? (Alberta, Canada)
What is the burden of undue influence against a volunteer who was found to have exercised undue influence on the condition of the volunteer? (Alberta, Canada)
In what circumstances will a plaintiff be able to bring a claim against a pharmaceutical company for medical malpractice? (Alberta, Canada)
How much is a plaintiff’s claim for medical malpractice compensation? (Alberta, Canada)
What is procedural fairness for a plaintiff in a medical malpractice case? (Alberta, Canada)
Does a continuing relationship raise the presumption of undue influence in a transaction that benefits the person in whom the influence rests? (Alberta, Canada)
What is the test for a plaintiff to claim damages for items that have not been claimed? (Alberta, Canada)
Can a plaintiff amend his Statement of Claim to add a defendant to his Claim? (Alberta, Canada)
In a medical malpractice case, is a doctor permitted to refer to a patient’s medical chart containing information that is not relevant to the patient? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.