This article on contingencies 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 expert
evidence
