What is the role of medical experts in assessing standard of care?

Prince Edward Island, Canada


The following excerpt is from MacWilliams v. Connors, 2017 PESC 2 (CanLII):

28. In assessing the standard of care applicable to any medical procedure, the court often benefits from evidence of persons qualified as experts in the field under scrutiny. The court does not give over its role to experts but instead must consider and balance their evidence with all of the other evidence in arriving at the court's own determination. Tucker J. addressed this in McKinnon v. Grand River Hospital, 2007 CanLII 23492 (ONSC), at para. 155: We must firstly remember that in terms of negligence it is the court, and not experts, who determine the standard of care to be applied in each case. The experts might provide direction and assistance in that regard, but they cannot make a determination of the issue. We must also remember that experts are ultimately just like every other witness in a case. We can accept all, some, or none of what they say.

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