What is the standard of care of medical doctors?

British Columbia, Canada


The following excerpt is from Robinson v. Dick, 1986 CanLII 922 (BC SC):

The onus on the plaintiffs is to show on a balance of probabilities that the defendants were negligent. It must be shown that the defendants’ conduct fell below the acceptable standard of care. As to the standard of care of medical doctors, both counsel cite Wilson v. Swanson, 1956 CanLII 1 (SCC), [1956] S.C.R. 804, 5 D.L.R. (2d) 113 [B.C.], in which the classic statement of Rand J. is to be found at pp. 119-20: What the surgeon by his ordinary engagement undertakes with the patient is that he possesses the skill, knowledge and judgment of the generality or average of the special group or class of technicians to which he belongs and will faithfully exercise them. In a given situation some may differ from others in that exercise, depending on the significance they attribute to the different factors in the light of their own experience. The dynamics of the human body of each individual are themselves individual and there are lines of doubt and uncertainty at which a clear course of action may be precluded. There is here only the question of judgment; what of that? The test can be no more than this: was the decision the result of the exercise of the surgical intelligence professed? or was what was done such that, disregarding it may be the exceptional case or individual, in all the circumstances, at least the preponderant opinion of the group would have been against it? If a substantial opinion confirms it, there is no breach or failure … An error in judgment has long been distinguished from an act of unskilfulness [sic] or carelessness or due to lack of knowledge.

Other Questions


Can a plaintiff who does not provide full disclosure of relevant medical information to the doctor providing the medical-legal report be denied costs? (British Columbia, Canada)
What is the standard of disclosure required by the Canadian Medical Association in medical malpractice cases? (British Columbia, Canada)
What is the standard of care of the medical staff in the context of medical malpractice cases? (British Columbia, Canada)
What is the significance of the relative standard of living of the parties post post post-war compared to the standard living standard in their respective countries? (British Columbia, Canada)
Is it possible for a medical malpractice court to find medical negligence without receiving expert evidence on common prevailing professional standards? (British Columbia, Canada)
What is the general rule and exceptions to standard medical practice in medical malpractice? (British Columbia, Canada)
Is a physician or medical doctor required to testify to the medical necessity of a future care item? (British Columbia, Canada)
What is the standard of disclosure required by a medical professional? (British Columbia, Canada)
What have the medical opinions of the medical specialists who have advised the Respondent to follow their recommendations? (British Columbia, Canada)
What is the current state of the law on medical justification for medical expenses in personal injury cases? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.