What are the implications of the BCSC guidelines on standard of care?
British Columbia, Canada
The following excerpt is from Medina v Wong, 2018 BCSC 292 (CanLII):
Clinical guidelines, including hospital policies and protocols, are useful evidence of the standard of care, but they are not determinative: Ediger – BCSC at paras. 52–60. Guidelines provide predictability and assist practitioners in the everyday delivery of services, but the trier of fact must determine the applicable standard of care based on all the available evidence. This discretion is not inconsistent with ensuring that patients in Canada receive clinical care be based on published, objective and clearly articulable standards. See Allen v. Bishop of Victoria, 2016 BCSC 1078 at para. 36.
If a medical practitioner acts in accordance with the relevant guidelines and policies, this is compelling evidence that their conduct did not fall below the standard of care. Conversely, if a medical practitioner fails to act in accordance with guidelines and policies, this can be compelling evidence that the standard of care was breached: Kern v. Forest, 2010 BCSC 938 at paras. 161–167.
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