Can a doctor be held liable for errors in judgment?

Ontario, Canada


The following excerpt is from Skead v. Chin, 2020 ONSC 1283 (CanLII):

Errors in judgment must be distinguished from professional fault. An error in judgment is not negligence where the physician properly exercises clinical judgment. In Watson v. Soon, at para. 28, Ferguson J. commented as follows: Where a medical professional applies his mind to a situation and arrives at a reasonable judgment which subsequently may prove wrong or have unexpected consequences, he cannot be held liable. A doctor is not expected to be infallible and is not required at law to order every available test. An error in judgment does not amount to negligence where the medical professional appropriately applies clinical judgment.

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