What is the test for negligence in a medical malpractice case?

Alberta, Canada


The following excerpt is from Grisack v. Smith, 1985 CanLII 1463 (AB QB):

Counsel for the plaintiff has cited the following statement from the headnote in Hedley v. Byrne (supra) at 575: "If, in the ordinary course of business or professional affairs, a person seeks information or advice from another, who is not under contractual or fiduciary obligation to give the information or advice, in circumstances in which a reasonable man so asked would know that he was being trusted or that his skill or judgment was being relied on, and the person asked chooses to give the information or advice without clearly so qualifying his answer so as to show that he does not accept responsibility, then the person replying accepts the legal duty to exercise such care as the circumstances require in making his reply; and for failure to exercise that care an action for negligence will lie if damage results."

Other Questions


What are the costs of a claim for malpractice brought by a plaintiff in a medical malpractice case? (Alberta, Canada)
In a medical malpractice case, can a medical professional become an insurer? (Alberta, Canada)
What is the leading case on causation in medical negligence cases? (Alberta, Canada)
How have courts treated the word "medical services" in a medical malpractice case? (Alberta, Canada)
What is the test for negligence in medical malpractice cases? (Alberta, Canada)
Is it appropriate for a medical professional to be considered a non-treating physician in a medical malpractice case? (Alberta, Canada)
In a medical malpractice case, is a doctor permitted to refer to a patient’s medical chart containing information that is not relevant to the patient? (Alberta, Canada)
What is the standard of care expected by a doctor in a medical malpractice case? (Alberta, Canada)
How has the material contribution test been interpreted in medical malpractice cases? (Alberta, Canada)
What is the test to be applied in the resolution of a medical malpractice case? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.