What is the test for professional standard practice in medical malpractice?
Manitoba, Canada
The following excerpt is from Jaglowska v. Kreml, 2002 MBQB 231 (CanLII):
At p. 592 of ter Neuzen v. Korn, supra, Sopinka J. declared that it is only where the practice does not conform with basic care, which is easily understood by the ordinary person who has no particular expertise in the practices of the profession, that a professional standard practice will be judged negligent by the courts, i.e. where the common practice is fraught with danger.
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