What is the test for negligent conduct in the context of medical malpractice cases?

British Columbia, Canada


The following excerpt is from Carlton v. Invermere (District), 2007 BCSC 1634 (CanLII):

In Ryan v. Victoria (City), 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201 at para. 28, 168 D.L.R. (4th) 513, negligent conduct was defined as follows: Conduct is negligent if it creates an objectively unreasonable risk of harm. To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable and prudent person in the same circumstances. The measure of what is reasonable depends on the facts of each case, including the likelihood of a known or foreseeable harm, the gravity of that harm, and the burden or cost which would be incurred to prevent the injury.

Other Questions


What is the standard of care of the medical staff in the context of medical malpractice cases? (British Columbia, Canada)
How have courts treated medical malpractice cases in the context of malpractice? (British Columbia, Canada)
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
What is the disposition of a medical malpractice case at a medical review board? (British Columbia, Canada)
What is the case law on the validity of evidence in a medical malpractice case? (British Columbia, Canada)
How have medical and/or legal opinions been interpreted in medical malpractice cases? (British Columbia, Canada)
What is the difference between operational and policy decisions in the context of a medical malpractice case? (British Columbia, Canada)
What is the impact of negligence on a plaintiff's medical malpractice case? (British Columbia, Canada)
How has consent or court approval been considered in the context of medical malpractice cases? (British Columbia, Canada)
What is the standard of disclosure required by the Canadian Medical Association in medical malpractice cases? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.