Can a medical professional be held liable for errors of clinical judgment that distinguishable from professional fault?
British Columbia, Canada
The following excerpt is from Medina v Wong, 2018 BCSC 292 (CanLII):
Medical practitioners should not be held liable for errors of clinical judgment that are distinguishable from professional fault: Lapointe v. Hôpital Le Gardeur, 1992 CanLII 119 (SCC), [1992] 1 S.C.R. 351 at 720.
Clinical judgment is not guesswork based on incomplete information. Exercises of clinical judgment are decisions made by medical practitioners once they have considered all of the relevant information it is reasonably possible to obtain under the circumstances. This includes the results of tests and consultations: Campbell v. Roberts, 2014 ONSC 5922 at para. 100.
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