BC
Medical negligence settlements
in British Columbia.
An emergency doctor at Vancouver General read a radiologist’s note of a nodular area on a 2014 chest x ray but arranged no follow up; a carcinoid tumour was found in 2018. The court found a breach, valued the claim at $65,000 and cut it by 30% for the patient’s own contributory negligence, leaving $45,500. A man diagnosed with migraine at Burnaby General, who had a brain bleed four days later, lost his claim.
Facts that decide a medical negligence claim in British Columbia
| Acting on a radiologist’s report | An emergency physician who received a report flagging a nodular region had to arrange follow up; failing to do so breached the standard of care.Ali v. Abu-Laban, 2025 BCSC 1157 |
|---|---|
| Patient’s own share | A patient’s contributory negligence reduces the award; Ali’s was reduced by 30%.Ali v. Abu-Laban, 2025 BCSC 1157 |
| Time limit | A court proceeding “must not be commenced more than 2 years after the day on which the claim is discovered.”Limitation Act, SBC 2012, c 13, s 6(1) |