What is the standard of proof required by a plaintiff to establish causation in a medical malpractice action?

Ontario, Canada


The following excerpt is from Shalouf v. Beaudry, 2006 CanLII 19939 (ON SCDC):

The Ontario Court of Appeal, in Cottrelle v. Gerrard (supra at p. 746), provides a helpful summary of the standard of proof that must be met by a plaintiff in a medical malpractice action in establishing causation. Speaking for the court, Sharpe J.A. says the following: I agree with the appellant's submission that in an action for delayed medical diagnosis and treatment, a plaintiff must prove on a balance of probabilities that the delay caused or contributed to the unfavourable outcome. In other words, if, on a balance of probabilities, the plaintiff fails to prove that the unfavourable outcome would have been avoided with prompt diagnosis and treatment, then the plaintiff's claim must fail. It is not sufficient to prove that adequate diagnosis and treatment would have afforded a chance of avoiding the unfavourable outcome unless that chance surpasses the threshold of "more likely than not".

Other Questions


What is the test for establishing a breach of standard of care in a medical malpractice action? (Ontario, Canada)
What is the standard of care of a plaintiff in a medical malpractice action? (Ontario, Canada)
Is a plaintiff required to prove causation in a medical malpractice case? (Ontario, Canada)
What is the appropriate standard of care for a plaintiff in a medical malpractice case? (Ontario, Canada)
Is a standard medical practice negligent in a medical malpractice case? (Ontario, Canada)
How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)
What is the test for a plaintiff to be certified as a plaintiff in a medical malpractice case? (Ontario, Canada)
In a medical malpractice case, is a plaintiff entitled to access his medical records and charts? (Ontario, Canada)
What is the test for establishing a cause of action in a medical malpractice case? (Ontario, Canada)
What is the test for establishing causation in a medical malpractice case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.