Is misdiagnosis an indication of negligence where the physician fails to take advantage of reasonable tests, equipment or assistance that were available?
Alberta, Canada
The following excerpt is from Paniccia Estate v Toal, 2011 ABQB 326 (CanLII):
[38] A misdiagnosis may be accepted as an indication of negligence where a physician fails to take advantage of reasonable tests, equipment or assistance that were available: Vail v. Fearon; MacDonald v. Vail, 1976 CanLII 19 (SCC), [1976] 2 S.C.R. 825, 66 D.L.R. (3d) 530.
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