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
