Is a physician or surgeon liable for negligence if an accident occurs?

Saskatchewan, Canada


The following excerpt is from Krunick v. Wahba, 1992 CanLII 7860 (SK QB):

Further, it must be said that a physician or surgeon is not a guarantor of the results of any given procedure, diagnosis or treatment. In the case of Cardin v. City of Montreal (1961), 1961 CanLII 77 (SCC), 29 D.L.R.(2d) 492 (S.C.C.), Taschereau, J., stated the following at p. 494: "... Certainly, doctors should not be held responsible for unforeseeable accidents which may occur in the normal course of the exercise of their profession. Cases necessarily occur in which, in spite of exercising the greatest caution, accidents supervene and for which nobody can be held responsible. The doctor is not a guarantor of the operation which he performs or the attention he gives. If he displays normal knowledge, if he gives the medical care which a competent doctor would give under identical conditions, if he prepares his patient before operation according to the rules of the art, it is difficult to sue him in damages, if by chance an accident occurs. Perfection is a standard required by law no more for a doctor than for other professional men, lawyers, engineers, architects, etc. Accidents, imponderables, what is foreseeable and what is not, must necessarily be taken into account."

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