What is the test for determining whether a plaintiff’s claim of causation in a medical malpractice case is based on the risk factors associated with increased risk of adverse effects?
British Columbia, Canada
The following excerpt is from WCAT-2010-00920 (Re), 2010 CanLII 22916 (BC WCAT):
In considering this matter, I note that the worker’s widow cites Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311, for the following propositions: • Causation need not be determined by scientific precision. • It is not … essential that the medical experts provide a firm opinion supporting the plaintiff’s theory of causation. • Causation in law is not the same as scientific causation and an increased Risk of over two [2.0] is not required.
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