What is the test for an expert witness in a medical malpractice case?
Ontario, Canada
The following excerpt is from Manary v. Dr. Martin Strban, et al, 2011 ONSC 176 (CanLII):
Where the performance of a professional is under consideration, the expert witness must be a physician who practises in the same area and with the same degree of expertise as the specialist against whom negligence is alleged. See: Fish v. Sajinhouse, [2005] O.J. No. 4575 (Sup. Ct.).
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