What is the test for setting a standard of care in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Fingerhut v. Longwood Station Ltd., 2009 BCCA 558 (CanLII):
Relying on Roy v. Canada, (Attorney General), 2005 BCCA 88, 251 D.L.R. (4th) 233 (B.C.C.A.), the appellant asserts evidence was required for the judge to set the standard of care.
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