What expert evidence is required in a medical negligence case?

Ontario, Canada


The following excerpt is from Keith v. Abraham, 2011 ONSC 2 (CanLII):

Finally, in a medical negligence case, the court should have before it some expert evidence in order to find that a breach of the standard of care caused damages to the plaintiff. As was held in Claus v. Wolfman:[34] The court ought not to be asked to make a finding that an expert or experts (the defendants) failed to meet the standard required of them by their professional peers and that their malpractice was the cause or a significant causative factor in the plaintiff's injury, in the absence of evidence of what the standard is and without the expression of even a guarded professional opinion that the defendants' conduct may have been a causal factor.[35]

Other Questions


What is the case law on medical malpractice in the context of medical negligence 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)
What is the case law on the admissibility of expert evidence in medical malpractice cases? (Ontario, Canada)
Can a medical malpractice claim negligence even in the absence of expert evidence? (Ontario, Canada)
Is a standard medical practice negligent in a medical malpractice case? (Ontario, Canada)
What is the test for determining standard of care in a professional negligence case in the absence of expert evidence? (Ontario, Canada)
What is the case law on expert testimony in medical malpractice cases? (Ontario, Canada)
What is the test for the use 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)
If a defence expert has been videotaped at trial, is the defence expert required to be reviewed by the other defence expert? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.