What is the standard of care of a physician in a private practice?

British Columbia, Canada


The following excerpt is from Tekano (Guardian Ad Litem) v. Lions Gate Hospital, 1999 CanLII 1578 (BC SC):

Generally, a physician will meet the applicable standard of care where his or her actions are consistent with the standard medical practice followed by the profession. In ter Neuzen v. Korn, supra, the court stated, at 590: It is generally accepted that when a doctor acts in accordance with a recognized and respectable practice of the profession, he or she will not be found to be negligent. The determination of the standard medical practice is a matter of fact and will usually be proved through expert evidence. I pause to observe that there is no expert evidence before me to support a conclusion that it is standard medical practice to arrange an immediate obstetrical consultation without first assessing the patient. The evidence which I have accepted demonstrates the opposite, namely that it is standard medical practice to assess the patient before arranging an obstetrical consultation except in extremely urgent circumstances.

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