Can a finder of fact be found to be negligent in a medical malpractice case?

Sopinka J. in ter Neuzen v. Korn (supra) further stated that courts should not involve themselves in resolving scientific disputes which required the expertise of medical professionals. He stated, at para. 44: …Courts and juries do not have the necessary expertise to assess technical matters relating to the diagnosis or treatment of patients. Where a common and accepted course of conduct is adopted based on the specialized and technical expertise of professionals, it is unsatisfactory for a finder of fact to conclude that such a standard was inherently negligent. On the other hand, matters falling within the ordinary common sense of juries can be judged to be negligent. For example, where there are obvious existing alternatives which any reasonable person would utilize in order to avoid a risk, one could conclude that the failure to adopt such measures is negligent notwithstanding that it is the prevailing practice among practitioners in that area.