What is the impact of hindsight on a medical malpractice case?

Ontario, Canada


The following excerpt is from Trajdos v. Bala, 2003 CanLII 49364 (ON SC):

Care should be taken with respect to the vision afforded by hindsight in any particular case. As stated by L’Heureux-Dubé J. in Lapointe v. Hopital Le Gardeur, 1992 CanLII 119 (SCC), [1992] 1 S.C.R. 351 at 362: …..courts should be careful not to rely upon the perfect vision afforded by hindsight. In order to evaluate a particular exercise of judgment fairly, the doctor’s limited ability to foresee future events when determining a course of conduct must be borne in mind. Otherwise, the doctor will not be assessed according to the norms of the average doctor of reasonable ability in the same circumstances, but rather will be held accountable for mistakes that are apparent only after the fact. C – Causation

Other Questions


What is the impact of a medical malpractice case on the economic impact of the case? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence cases? (Ontario, Canada)
How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)
What is the case authorities in the context of a medical malpractice case? (Ontario, Canada)
What is the current state of the law on disclosure of medical records in medical malpractice cases? (Ontario, Canada)
Is a standard medical practice negligent in a medical malpractice case? (Ontario, Canada)
What is the case law on the admissibility of expert evidence in medical malpractice cases? (Ontario, Canada)
In a medical malpractice case, is a plaintiff entitled to access his medical records and charts? (Ontario, Canada)
What is the case law on expert testimony in medical malpractice cases? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.