What is the current state of the law on physician misconduct?

Alberta, Canada


The following excerpt is from Paniccia Estate v Toal, 2011 ABQB 326 (CanLII):

Many of the central principles to judge alleged physician misconduct were established by Justice Sopinka in ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674 at 693, 127 D.L.R. (4th) 577: a physician to conduct his or her practice “... in accordance with the conduct of a prudent and diligent doctor in the same circumstances.”: at 693; “...when a doctor acts in accordance with a recognized and respectable practice of the profession, he or she will not be found to be negligent.”: at 695; “... the conduct of physicians must be judged in the light of the knowledge that ought to have been reasonably possessed at the time of the alleged act of negligence.”: at 693; and “... courts should be careful not to rely upon the perfect vision afforded by hindsight. In order to evaluate a particular exercise of judgment fairly, the doctor's limited ability to foresee future events when determining a course of conduct must be borne in mind. ...”: at 693, quoting Lapointe v. Hôpital Le Gardeur, 1992 CanLII 119 (SCC), [1992] 1 S.C.R. 351 at 362-63, 90 D.L.R. (4th) 7.

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