What is the test for reasonable care in medical malpractice cases?
Alberta, Canada
The following excerpt is from Epp v. Balaton, 2003 ABQB 822 (CanLII):
In other words to quote from the judgment of Mr. Justice Abbott in Wilson v. Swanson, 1956 CanLII 1 (SCC), [1956] 5 D.L.R. (2nd) 113 at page 124: The test of reasonable care applies in medical malpractice cases as in other cases of alleged negligence. As has been said in the United States, the medical man must possess and use, that reasonable degree of learning and skill ordinarily possessed by practitioners in similar communities in similar cases, and it is the duty of a specialist such as appellant, who holds himself out as possessing special skill and knowledge, to have and exercise the degree of skill of an average specialist in his field.
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