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.

Other Questions


What is the case law on medical malpractice in the context of medical negligence cases? (Ontario, Canada)
How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)
Is a standard medical practice negligent in a medical malpractice case? (Ontario, Canada)
What is the test for negligent negligence in a medical malpractice case? (Ontario, Canada)
What is the medical context for battery claims in medical malpractice cases where consent was not obtained? (Ontario, Canada)
What is the test for negligent negligence in medical malpractice cases? (Ontario, Canada)
In a medical malpractice case, is a plaintiff entitled to access his medical records and charts? (Ontario, Canada)
What is the case authorities in the context of a medical malpractice case? (Ontario, Canada)
What is the test for negligence in medical malpractice? (Ontario, Canada)
What is the test for vicarious liability in the context of medical malpractice? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.