Causation in medical malpractice cases

Causation in medical malpractice cases is rarely straightforward and typically requires specialists to comment on current medical issues and research.  This is a paper that summarizes the law on causation in British Columbia for medical malpractice issues.  It covers the following issues: an overview of general principles, the “but for” test, the limitations of the “robust and pragmatic approach”, the limitations on the loss of chance doctrine, and the limitations on the material contribution test.

Here is a link to the paper that C.E. Hinkson, Q.C. and Michael G. Thomas wrote on this topic in December of 2006:

The paper was originally presented to the Trial Lawyers of British Columbia.

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