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ARTICLE · 25 APRIL 2022

Assessing Medical Malpractice Damages – Subrogated Claims

Siskinds LLP
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This article on subrogated claims is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case.

CanadaLitigation, Mediation & Arbitration
Kimberly N. Knight
Kimberly N. Knight
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This article on subrogated claims is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals.

The assessment of damages is an ongoing process that evolves as the evidence becomes fully developed over the duration of a case; specifically, in cases involving significant injury, medical and expert assessments may be required to fully understand the extent of the harm suffered and the required future care.

Damages in a medical negligence action

Generally, in a medical malpractice action in Ontario, damages are meant to compensate a person for the injuries suffered as a result of medical negligence, attempting to put them back into the position they would have been in had the negligence not occurred. Certain categories of damages, such as future income loss, are usually quantified based on

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