How has the court considered the accepted practice of the medical profession in determining negligence?
Ontario, Canada
The following excerpt is from Rollin v. Baker, 2010 ONCA 569 (CanLII):
This latter consideration, one of practical reality, is often obtained through evidence as to the accepted practice within the profession. As Sopinka J. stated in ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674, at para. 38: It is generally accepted that when a doctor acts in accordance with a recognized and respectable practice of the profession, he or she will not be found to be negligent. This is because courts do not ordinarily have the expertise to tell professionals that they are not behaving appropriately in their field. In a sense, the medical profession as a whole is assumed to have adopted procedures which are in the best interests of patients and are not inherently negligent.
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