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ARTICLE · 14 DECEMBER 2020

Assessing Medical Malpractice Damages – The "Lost Years"

Siskinds LLP
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This article on damages for "lost years" 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
Christopher Fazio
Christopher Fazio
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This article on damages for "lost years" 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 between individuals.

The assessment of damages is a process that evolves as the evidence becomes fully developed; specifically, in cases involving significant injury, medical and expert assessments are 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. The basic principle is to restore plaintiffs to their pre-injury financial positions. Income loss to the date of trial and into the future are usually quantified based on past earnings, employment history and data, as well as on

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