In what circumstances will a court find a physician negligent for failing to follow standard practice?
British Columbia, Canada
The following excerpt is from Carlisle v. Fraser Health Authority, 2012 BCSC 259 (CanLII):
The plaintiffs submit that they do not need expert evidence to establish what is an obvious breach of care by the doctors. They rely on the principle espoused in ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674, that in certain circumstances, a court can find a defendant physician negligent despite conformity with standard practice, and in the absence of expert evidence to support the allegation of negligence.
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