Is a standard medical practice negligent in treating a patient?

British Columbia, Canada


The following excerpt is from Brito v. Woolley, 2001 BCSC 1178 (CanLII):

In ter Neuzen v. Korn, supra at 701 , Sopinka J. stated: ... where a procedure involves difficult or uncertain questions of medical treatment or complex, scientific or highly technical matters that are beyond the ordinary experience and understanding of a judge or jury, it will not be open to find a standard medical practice negligent. On the other hand, as an exception to the general rule, if a standard practice fails to adopt obvious and reasonable precautions which are readily apparent to the ordinary finder of fact, then it is no excuse for a practitioner to claim that he or she was merely conforming to such a negligent common practice.

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