What is the standard of care of a surgeon in general?

British Columbia, Canada


The following excerpt is from Krauza Estate v. Markel, 1999 CanLII 4455 (BC SC):

The standard of care which has been established is succinctly set out in Wilson v. Swanson (1956), 1956 CanLII 1 (SCC), S.C.R. 804 at 811-812 by Rand J. when he wrote, 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. In a given situation some may differ from others in that exercise, depending on the significance they attribute to the different factors in the light of their own experience. The dynamics of the human body of each individual are themselves indi- vidual and there are lines of doubt and uncertainty at which a clear course of action may be precluded. Further at page 812, An error in judgment has long been distinguished from an act of unskilfulness or carelessness or due to lack of knowledge.

In dealing with the standard of care issue, Sopinka J. for the majority in Ter Neuzen v. Korn (1995), 1995 CanLII 72 (SCC), 3 S.C.R. 674 at 693 stated, It is well settled that physicians have a duty to conduct their practice in accordance with the conduct of a prudent and diligent doctor in the same circumstances.

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