What is the test for reasonable and diligent conduct in medical malpractice?
Ontario, Canada
The following excerpt is from O'Neill v. Hamilton General Hospital, 2004 CanLII 15791 (ON SC):
The fact that a professional has followed the practice of his or her peers may be strong evidence of reasonable and diligent conduct, but it is not determinative: Roberge v. Bolduc 1991 CanLII 83 (SCC), [1991], 1 S.C.R. 374.
Although a doctor is measured against the standards expected of those in similar communities, if the doctor has easy access to major medical centres, it is expected that the doctor will utilize such centres if necessary: McCormick v. Marcotte, (1971) 1971 CanLII 52 (SCC), 20 D.L.R. (3rd) 345 (S.C.C.).
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