Is there a presumption that a plaintiff’s claim for medical malpractice is without merit?
British Columbia, Canada
The following excerpt is from Healey v Mault, 2021 BCSC 2197 (CanLII):
In a matter such as this, where her complaints are not easily amenable to objective verification, the court is obliged to take considerable care in examining all of the evidence in order to be satisfied that the plaintiff’s reports of injury and discomfort are credible. That said, I do not understand it to be the case that there should be a presumption that such claims are without merit. See also Edmonson v. Payer, 2012 BCCA 114 at para. 2.
"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
Is it necessary for a plaintiff to advance a future cost of care claim, in a medical malpractice action, to have a physician testify to the medical necessity of each and every item of care? (British Columbia, Canada)
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)
What is the duty of disclosure of medical malpractice in medical malpractices? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to medical malpractice compensation even without objective evidence from her doctor? (British Columbia, Canada)
What is the test for a plaintiff to claim special damages for medical malpractice? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s pre-existing medical condition contributed to her medical malpractice? (British Columbia, Canada)
What is the test for meeting the threshold burden of a claim in an action brought by a plaintiff in a medical malpractice case? (British Columbia, Canada)
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
How has the BCSC treated records of medical malpractice in medical malpractices? (British Columbia, Canada)
