What is the standard of damages for long-term disability in medical malpractice cases?
British Columbia, Canada
The following excerpt is from Mullens v. Toor, 2016 BCSC 1645 (CanLII):
The following comments of Silverman J. in Ho v. Dosanjh 2010 BCSC 845 at para. 91 are apt: I reject the notion that ongoing treatment that would provide the plaintiff with periodic temporary relief, but little to no additional improvement, should be something for which compensation should be paid for the rest of the plaintiff’s life. As previously noted, this loss has been considered as an aspect of non-pecuniary damages.
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