Alberta court rules expert evidence inadmissible following settlement in medical negligence case
Published in CANADIAN Lawyer
24 May, 2024
The Alberta Court of King's Bench has ruled that expert evidence is inadmissible following a settlement agreement in a medical negligence lawsuit involving the Foothills Medical Centre and Alberta Health Services (AHS).
In Dedrick v Foothills Medical Centre, 2024 ABKB 276, the plaintiffs reached a settlement with the AHS defendants, which removed them from the lawsuit. The settlement did not include a Pierringer agreement and was subject to the public trustee's review and the court's approval. Despite the settlement, the remaining physician defendants argued that expert evidence regarding the AHS defendants' nursing standard of care and causation should still be considered in the trial.