Jean Bennett, Personal Representative v. Michael Collins

Summary

The court held that the plaintiff's offer of proof raised a legitimate question of liability against the nurse practitioner because it supported an expert opinion that his treatment departed from the applicable standard of care and that the departure probably contributed to the decedent's death. The tribunal improperly assessed the weight of competing evidence and treated the expert's causation opinion as speculative at a preliminary screening stage. The court therefore vacated the dismissal and allowed the claims to proceed without posting a bond.