Sentences with phrase «where medical causation»

Applying New Mexico law, the Court determined that this case was not an «exceptional circumstance» where medical causation is within common experience or the knowledge of the average person, and they granted the defendants» motion, preventing the plaintiff from getting her case to a jury.

Not exact matches

To ensure your client's key treatment providers will be afforded the unrestricted right to testify regarding causation of injuries, disclosure of the witness» opinions regarding each of these three «prongs» is advised, along with references to specific medical records where findings / opinions that support the provider's causation opinions are found.

Interveners Ontario Network of Injured Workers» Groups (ONIWG) and Industrial Accident Victims» Group of Ontario (IAVGO) legal clinic held that if the Supreme Court were to affirm the Court of Appeal decision, it would upend a longstanding approach to determining causation and require workers» compensation tribunals to deny claims where there is no conclusive medical or scientific evidence.

When dealing with causation, with the way our medical system is organized where a number of potential players [are] involved in the treatment of an individual, it becomes very problematic in terms of dealing and meeting the threshold of a «but for» test.»

[144] Thus, this Court held in Moore v. Castlegar & District Hospital 1998 CanLII 4906 (BC CA), (1998), 49 B.C.L.R. (3d) 100, 103 B.C.A.C. 187, that it is not open to a trial judge to draw a common - sense inference of the cause of a medical condition where both parties have led expert medical evidence of causation.