What is the case law on medical malpractice in the context of medical negligence?

Ontario, Canada


The following excerpt is from Suwary v Librach, 2015 ONSC 2100 (CanLII):

In Crits, Shroeder J.A. quoted Denning L.J. in Roe v. Minister of Health et al.; Woolley v. Same, [1954] 2 Q.B. 66 at 83, [1954] 2 All E.R. 131 on the importance of maintaining this distinction: … [W]e should be doing a disservice to the community at large if we were to impose liability on hospitals and doctors for everything that happens to go wrong. Doctors would be led to think more of their own safety than of the good of their patients. Initiative would be stifled and confidence shaken. A proper sense of proportion requires us to have regard to the conditions in which hospitals and doctors have to work. We must insist on due care for the patient at every point, but we must not condemn as negligence that which is only a misadventure.

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