What is the test for determining whether a physician can be held liable for misadventure?
Ontario, Canada
The following excerpt is from Wilson v. Byrne, 2004 CanLII 20532 (ON SC):
The defendant notes the caution given by the court in Brics v. Stroz, supra at para. 72, that judges must be “careful to avoid viewing the facts from the frequently more enlightened perspective of hindsight.” In that case, the court also repeated the often quoted phrase, at para. 73, that a physician should not be held liable for “mere misadventure”. (ii) Conclusion:
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