What is the test for clinical judgment in a medical malpractice case?
Ontario, Canada
The following excerpt is from Ghiassi v. Singh, 2017 ONSC 6541 (CanLII):
A health care practitioner must inform himself or herself of the facts needed before exercising clinical judgment. Clinical judgment is not guesswork based on limited facts. Clinical judgment must be exercised only after the medical practitioner has informed himself or herself of all relevant facts, subject to any time constraints imposed by the circumstances in each case (MacGregor v. Potts, [2009] O.J. No. 3581 at paras. 128 (Sup. Ct.)).
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