What is the test for clinical error in clinical judgment?
Ontario, Canada
The following excerpt is from Spirito v. Trillium Health Centre, 2013 ONSC 5138 (CanLII):
As expressed in Keech v. Chang, [2009] O.J. No. 1614 (S.C.), at para. 69: “One must not assess the actions with the benefit of hindsight, but rather in light of the information that the doctor had or ought to reasonably possess. An honest error in clinical judgment does not amount to negligence.”
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