What is the test for a standard of care?

I quote the “test” for the standard of care as set out in ter Neuzen v. Korn 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674, at paragraph 33: “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. In the case of a specialist, such as a gynaecologist and obstetrician, the doctor’s behaviour must be assessed in light of the conduct of other ordinary specialists, who possess a reasonable level of knowledge, competence and skill expected of professionals in Canada, in that field. A specialist, such as the respondent, who holds himself out as possessing a special degree of skill and knowledge, must exercise the degree of skill of an average specialist in his field. [emphasis added]” Finally, I agree with the plaintiff’s submission that the use of the terminology “best practices” versus another label is not critical to the issue of determining a standard of care. Ultimately, as I noted above, it is the court, based on the evidence as it finds it, that establishes the legal standard of care; the label does not determine that. INFORMED CONSENT