What is the standard of care provided by a surgeon to a plaintiff in a surgical malpractice case?

New Brunswick, Canada


The following excerpt is from Grey v. Webster, 1984 CanLII 3035 (NB QB):

The plaintiff pleads in the alternative to negligence that the defendant was in breach of a contract to her that he would in fact render her sterile. Generally speaking a physician undertakes to bring to his treatment skill, knowledge and judgment and to faithfully exercise these qualities. Unless there are special circumstances in the particular case where a physician may have given further undertakings there is no contractual relationship beyond this: see Wilson v. Swanson (1956), 1956 CanLII 1 (SCC), 5 D.L.R. (2d) 113 at p. 119, [1956] S.C.R. 804 at p. 811, per Rand J.: What the surgeon by his ordinary engagement undertakes with the patient is that he possesses the skill, knowledge and judgment of the generality or average of the special group or class of technicians to which he belongs and will faithfully exercise them.

Other Questions


What is the standard of care for a surgeon in surgical malpractice cases? (New Brunswick, Canada)
What factors must be considered in a medical malpractice case when determining whether a patient is entitled to a full pension as a result of the disclosure provided by the surgeon? (New Brunswick, Canada)
What is the test for determining whether a material risk in a medical malpractice case is material risk? (New Brunswick, Canada)
What is the standard of damages for personal injury in a motor vehicle accident case? (New Brunswick, Canada)
What is the standard of care required by a medical malpractice board to treat a patient who has been diagnosed with multiple sclerosis? (New Brunswick, Canada)
What is at stake for the applicants in a medical malpractice case? (New Brunswick, Canada)
What is the difference between a plaintiff and a court in assessing damages in a motor vehicle accident case? (New Brunswick, Canada)
Is the law of restitution intended to provide an unearned monetary advantage to plaintiffs who have not sustained any loss? (New Brunswick, Canada)
What is the standard for fairness in a summary judgment case? (New Brunswick, Canada)
In a motor vehicle accident case, in what circumstances will a plaintiff be held 50% to blame for the collision? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.