What is the law on medical malpractice in the US?
Ontario, Canada
The following excerpt is from Samms v. Moolla, 2019 ONCA 220 (CanLII):
Moreover, the impugned passage finds support in Roe v. Minister of Health and Another; Woolley v. Same, [1954] 2 Q.B. 66 (Eng. C.A.), at pp. 86-87, where Lord Denning said: Doctors would be led to think more of their own safety than of the good of their patients. Initiative would be stifled and confidence shaken. A proper sense of proportion requires us to have regard to the conditions in which hospitals and doctors have to work. We must insist on due care for the patient at every point, but we must not condemn as negligence that which is only a misadventure.
"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
How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)
Is a standard medical practice negligent in a medical malpractice case? (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 medical malpractice in the context of medical negligence cases? (Ontario, Canada)
Does a request for disclosure of a medical expert prior to a medical malpractice hearing need to be made in writing? (Ontario, Canada)
What is the medical context for battery claims in medical malpractice cases where consent was not obtained? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence? (Ontario, Canada)
What is the current state of the law on disclosure of medical records in medical malpractice cases? (Ontario, Canada)
What is the test for reasonable and diligent conduct in medical malpractice? (Ontario, Canada)
What is the test for aggregate damages in a medical malpractice case? (Ontario, Canada)
