Ontario mid-trial ruling adopts but-for phrasing for jury causation questions in delayed diagnosis aneurysm case but declines to require jurors to give reasons.
A young mother left in a permanent vegetative state after C-section. The court found anesthesiology negligence but accepted that an amniotic fluid embolism was the unavoidable cause.
A surgeon admitted he stopped a colonoscopy without finding the cancer. The trial judge held the death was inevitable but awarded damages for additional suffering.
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