Can a physician be held liable for exercising clinical judgment as opposed to professional fault?

Ontario, Canada


The following excerpt is from Achneepineskum v. Laine, 2013 ONSC 1261 (CanLII):

Furthermore, it is clear that a physician cannot be held liable for exercising clinical judgment as opposed to professional fault: “An error in judgment has long been distinguished from an act of unskillfulness or carelessness or due to lack of knowledge. Although universally-accepted procedures must be observed, they furnish little or no assistance in resolving such a predicament as faced the surgeon here. In such a situation a decision must be made without delay based on limited known and unknown factors; and the honest and intelligent exercise of judgment has long been recognized as satisfying the professional obligation.Reference: Wilson v. Swanson, 1956 CanLII 1 (SCC), [1956] S.C.R. 804. B. STANDARD OF CARE ISSUES

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