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Award against doctors raised to $1.7 million

Thursday, January 22, 2015 @ 7:00 PM | By Luis Millan

The family of a non-smoker who died of lung cancer at the age of 44 has been awarded $1.7 million after the Quebec Court of Appeal found two doctors were negligent in a case that draws on the rarely used notion of “unfavourable inference” of proof of causation.

In a ruling that highlights the difficulty of proving the causal link between medical negligence and a patient’s damage in a civil suit, the Quebec Court of Appeal in St-Germain c. Benhaim [2014] J.Q. no 13772 overturned a...