What is the test for deficient care?
Saskatchewan, Canada
The following excerpt is from Prevost v. Das, 2009 SKQB 486 (CanLII):
In order for a finding of deficient care to be made against the defendant, the plaintiff must show that the conduct complained of fell below the standard of care expected of a reasonable physician in the defendant’s circumstances, by applying an objective test. Perfection is not required and the physician is not a guarantor of the results of treatment. As stated by Mr. Justice Taschereau in Cardin v. City of Montreal (1961), 1961 CanLII 77 (SCC), 29 D.L.R. (2d) 492 (S.C.C.) at page 494: ... 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. ... Expert Evidence
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is a reasonable care of the invader towards the invitee and what is the proper standard of care for the visitor? (Saskatchewan, Canada)
What is the test for reasonable care under the rule of “unusual care” in a bank? (Saskatchewan, Canada)
What is the standard of care and prudence of the careful or prudent parent when a child is injured in a fall? (Saskatchewan, Canada)
What is the standard of care of an occupier's duty of care to his neighbour? (Saskatchewan, Canada)
What is the test for a reasonably careful and prudent person to make a compassionate offer to a plaintiff on compassionate grounds? (Saskatchewan, Canada)
What standard of care must a surgeon meet in treating a patient? (Saskatchewan, Canada)
Is a non-profit organization vicariously liable for the sexual abuse of a child in its care? (Saskatchewan, Canada)
Does the Minister of Health and Social Care have any basis to strike the Statement of Claim in the context of bad faith allegations in paragraph 5 and the rule in Rylands v Fletcher? (Saskatchewan, Canada)
What is the test to establish a duty of care in a motor vehicle accident? (Saskatchewan, Canada)
What is the standard of care an occupier is expected to exercise in relation to an invitee? (Saskatchewan, Canada)
