What is the standard of care required by a doctor to treat a patient who is suffering from multiple sclerosis?

Ontario, Canada


The following excerpt is from Jones-Carter v. Warwaruk, 2019 ONSC 1965 (CanLII):

The standard of care has not changed in any meaningful way over the past century. A good starting point is the well-known definition that Schroeder J.A. provided in 1956 in Crits v. Sylvester.[24] He reminds us that: Every medical practitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. He is bound to exercise that degree of care and skill which could reasonably be expected of a normal, prudent practitioner of the same experience and standing, and if he holds himself out as a specialist, a higher degree of skill is required of him than of one who does not profess to be so qualified by special training and ability.[25]

In a 1992 decision of this court, Philp J. adopted the words of Lord Heward, C.J. in Rex v. Bateman[26] as one of the clearest statements of the standard of care required of a medical practitioner[27]: If a person holds himself out as possessing special skill and knowledge and he is consulted, as possessing such skill and knowledge, by or on behalf of a patient, he owes a duty to a patient to use due caution in undertaking the treatment. If he accepts the responsibility and undertakes the treatment and the patient submits to his direction and treatment accordingly, he owes a duty to the patient to use diligence, care, knowledge, skill and caution in administering the treatment.... The law requires a fair and reasonable standard of care and competence.

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