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B.C. appeal court upholds negligence ruling against hospital, nurses

Friday, April 28, 2017 @ 12:26 PM | By Christopher Guly

In upholding a lower court’s awarding of damages to a man who suffered a permanent brain injury after attempting suicide at a downtown Vancouver hospital, British Columbia’s Court of Appeal has relied on the evidentiary doctrine of subsequent repair, according to veteran Ontario civil litigator James Morton.

James MortonHe said the unanimous ruling “reinforces the traditional tort law analysis that says you don’t consider the standard of care on the basis of what you know now, but on what was reasonable before an accident took place.”...