How have courts treated errors of judgment in medical malpractice cases?

Alberta, Canada


The following excerpt is from Petrobank Energy and Resources Ltd. v. Safety Boss Ltd., 2012 ABQB 161 (CanLII):

Safety Boss also argued that errors of judgment do not necessarily constitute negligence, quoting Wilson v. Swanson at pp. 812-3: An error in judgment has long been distinguished from an act of unskillfulness or carelessness or due to lack of knowledge. Although universally-accepted procedures must be observed, they furnish little or no assistance in resolving such a predicament as faced the surgeon here. In such a situation a decision must be made without delay based on limited known and unknown factors; and the honest and intelligent exercise of judgment has long been recognized as satisfying the professional obligation.

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