What is the current state of the law on standard of care?
British Columbia, Canada
The following excerpt is from Miller v. Budzinski et al, 2004 BCSC 1730 (CanLII):
The decision of Brimacombe v. Matthews, [2001] 87 B.C.L.R. (3d) 75, 2001 BCCA 206, at pp. 97-100, from our Court of Appeal is instructive in understanding the appropriate assessment of standard of care. McEachern C.J., addressed the situation in which a trial judge is faced with a case that provides two reasonable options or approaches to a difficult clinical circumstance. As long as the defendant physician follows one of the two reasonable courses, he/she cannot be found to have breached his duty of care.
The following analysis articulated by Mr. Justice MacDonald in Dudas v. Munro, (12 April 1997) Vancouver C908043 (B.C.S.C.), [1997] B.C.J. No. 774, at page 3 is also helpful in understanding the legal principles to be applied in cases such as this one:
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