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A doctor makes a serious error during the course of diagnosing a patient. The patient subsequently ...

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A doctor makes a serious error during the course of diagnosing a patient. The patient subsequently ...

A doctor makes a serious error during the course of diagnosing a patient. The patient subsequently dies. The deceased patient’s family members bring a lawsuit against the doctor. All the experts who testify agree that the doctor failed to meet the standard of care but that if appropriate care had been provided, the patient would have died in any event. The family members’ case against the doctor will
a. succeed because all the experts agree the doctor provided substandard care.
b. fail because the doctor likely provided the patient with informed consent.
c. succeed because the law imposes strict liability upon doctors in similar circumstances.
d. fail because the plaintiff cannot prove causation which is an essential element of the tort of negligence.

Textbook

The Law and Business Administration in Canada

Edition: 14^th

Authors: Smyth, Soberman, Easson, McGill

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