Summary trials have been supported by Canadian courts as a way to achieve timely and affordable access to the justice system. Unfortunately, they have been used almost exclusively by the defence in medical malpractice cases. In this article, we will discuss summary trial applications in the context of a medical malpractice action, review a number of cases where summary trial applications have succeeded and where they have not, and examine the impact of a recent Supreme Court of Canada decision.

Often medical malpractice lawsuits allege negligence related to making a diagnosis. Is the physician obliged to rule out the most urgent and life-threatening conditions, even if they are statistically unlikely, before arriving at more common and benign diagnosis? In this article Natalia reviews how two recent BC cases have approached this issue.

Medical literature can be used in medical malpractice litigation to build your case or undermine your opponent’s case. This article explores both the strategy and procedures necessary to get the most out of the use of medical literature.

In order to succeed in a medical malpractice case, a plaintiff must prove that the defendant breached the standard of care, that the plaintiff suffered an injury or loss, and that the negligence identified was the cause of the injury or loss. This article will review the law with respect to the standard of care and will provide some tips for counsel regarding how to establish or challenge an existing standard of care.

This article discusses the defence of novus actus interveniens in the context of a health care provider as the intervening actor, and review a number of cases in which defendants have attempted to avoid liability through its use.