What is the burden on a plaintiff to prove that a doctor breached the standard of care?
British Columbia, Canada
The following excerpt is from Stewart v. Vancouver Police Department, 2009 BCSC 1877 (CanLII):
The conduct of doctors is judged in cases like the present based on the standard of an ordinary, average practitioner in the same field. The burden on the plaintiff is to show that the defendant doctor fell below the standard of care and to provide evidence to support the allegations: ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674, 127 D.L.R. (4th) 577.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of care required by the Court of Arbitration for Review of Standards of Care? (British Columbia, Canada)
Is it necessary for an applicant to prove a breach of the standard of care with expert evidence? (British Columbia, Canada)
What is the burden of proving a claim of discrimination against a doctor who is not a qualified doctor? (British Columbia, Canada)
What is the burden of proving that a plaintiff's failure to follow the advice of doctors with respect to treatment is reasonable or unreasonable? (British Columbia, Canada)
What is the test for a plaintiff to sue a medical professional who has breached standard of care? (British Columbia, Canada)
What is the standard of care for future care for a plaintiff with learning disabilities? (British Columbia, Canada)
What is the standard of care required for a professional to be considered in determining whether a professional met the requisite standard for care? (British Columbia, Canada)
What is the most obvious case in which a court may find a breach of the standard of care in the absence of expert evidence? (British Columbia, Canada)
What is the standard of care required for a plaintiff to sue a supermarket? (British Columbia, Canada)
What is the burden of proving that a plaintiff has a right to a trial by jury? (British Columbia, Canada)
