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In order to establish that a breach of the standard of care was the actual cause of the patient’s injury, the plaintiff must establish, on a balance of probabilities, that there is a causal link between the breach and the injury. In other words, the plaintiff must establish that it is more likely than not that the breach caused or contributed to the injury.
In order to establish that a breach of the standard of care was the legal cause of the patient's injury (and any losses or expenses claimed by the plaintiff as a result of that injury), the plaintiff must establish that a reasonable medical practitioner in the position of the defendant could have foreseen that his or her breach of the standard of care could cause the injury (and the losses or expenses claimed as result of the injury).
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