What is the appropriate standard of care for a plaintiff in a medical malpractice case?

Ontario, Canada


The following excerpt is from Morsi v. Fermar Paving Limited, 2011 ONCA 577 (CanLII):

The trial judge identified the appropriate standard of care as set out in Ryan v. Victoria (City), 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201 at para. 28: Conduct is negligent if it creates an objectively unreasonable risk of harm. To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable and prudent person in the same circumstances. The measure of what is reasonable depends on the facts of each case, including the likelihood of a known or foreseeable harm, the gravity of that harm, and the burden or cost which would be incurred to prevent the injury. In addition, one may look to external indicators of reasonable conduct, such as custom, industry practice, and statutory or regulatory standards.

Other Questions


In a medical malpractice case, is a plaintiff entitled to access his medical records and charts? (Ontario, Canada)
Is a standard medical practice negligent in a medical malpractice case? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence cases? (Ontario, Canada)
How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)
What is the test for a plaintiff to be certified as a plaintiff in a medical malpractice case? (Ontario, Canada)
What is the standard of care of a plaintiff in a medical malpractice action? (Ontario, Canada)
What is the case law on expert testimony in medical malpractice cases? (Ontario, Canada)
What is the case authorities in the context of a medical malpractice case? (Ontario, Canada)
What is the current state of the law on disclosure of medical records in medical malpractice cases? (Ontario, Canada)
What is the case law on the admissibility of expert evidence in medical malpractice cases? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.