What is the test for expert testimony in a medical negligence case?

Ontario, Canada


The following excerpt is from Stevenhaagen (Estate) v. Kingston General Hospital, 2020 ONSC 5020 (CanLII):

As D.A.Wilson J. observed in Tahir v. Mitoff, 2019 ONSC 7298, at para. 40: Medical negligence cases, along with other professional negligence cases, in the vast majority of cases, require expert evidence to assist the trier of fact to determine the standard of care that is applicable, whether there has been a breach of that standard and whether the damages that result are caused by the negligence. In making these determinations, the trier of fact must necessarily weigh conflicting testimony from similarly qualified experts and assess the proper weight to be given to the expert opinions.

Other Questions


What is the case law on medical malpractice in the context of medical negligence cases? (Ontario, Canada)
What is the case law on expert testimony in medical malpractice cases? (Ontario, Canada)
Can a non-expert expert give evidence in a motor vehicle accident case that does not contradict the findings of an expert? (Ontario, Canada)
Is a standard medical practice negligent in a medical malpractice case? (Ontario, Canada)
What expert evidence is required in a medical negligence case? (Ontario, Canada)
What is the test for expert testimony in a negligence case? (Ontario, Canada)
What is the case law on the admissibility of expert evidence in medical malpractice cases? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence? (Ontario, Canada)
How have courts interpreted expert testimony in medical malpractice cases? (Ontario, Canada)
What is the test for expert testimony in medical malpractice cases? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.