How have courts interpreted expert testimony in medical malpractice cases?

Ontario, Canada


The following excerpt is from Chan v. Tang, 2012 ONSC 2050 (CanLII):

However it is clear that what an expert would have done in a specific situation does not of itself always reflect the standard of care. As Carpenter-Gunn J. stated in Bafaro v. Dowd, at para. 36: To the extent than an expert testifies as to what he himself would do in a situation, rather than what the standard of care requires, his testimony does not establish the standard of care nor demonstrate that the defendant doctor breached a standard of care.

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