What is the test of reasonable care in medical malpractice cases?

Alberta, Canada


The following excerpt is from Wills v. Saunders, 1989 CanLII 3030 (AB QB):

In McCormick v. Marcotte, 1971 CanLII 52 (SCC), [1972] S.C.R. 18, 20 D.L.R. (3d) 345 [Que.], at p. 21, Abbott J. stated as follows: The test of reasonable care applies in medical malpractice cases as in other cases where fault is alleged. The medical man must possess and use, that reasonable degree of learning and skill ordinarily possessed by practitioners in similar communities in similar cases. Whether or not such test has been met depends, of course, upon the particular circumstances of each case.

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, 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 test for reasonable care in medical malpractice cases? (Alberta, Canada)
How have courts treated the word "medical services" in a medical malpractice case? (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, can a medical professional become an insurer? (Alberta, Canada)
What is the test to be applied in the resolution of a medical malpractice case? (Alberta, Canada)
What is the standard of care expected by a doctor in a medical malpractice case? (Alberta, Canada)
Does a partial privative clause in a medical malpractice case impart only the protection of full privative protection? (Alberta, Canada)
What is the difference between facts and evidence in 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.