What is the test applied in medical malpractice cases in Canada where a specialist failed to possess or exercise reasonable degree of learning and skill possessed by the average specialist?

Ontario, Canada


The following excerpt is from Crawford v. Penney, 2003 CanLII 32636 (ON SC):

The last sentence quoted is consistent with the test applied in Canada in medical malpractice cases where negligence is established by proof that the specialist failed to possess or to exercise the reasonable degree of learning and skill possessed by the average specialist in the field. See Wilson v. Swanson, 1956 CanLII 1 (SCC), [1956] S.C.R. 804, at p. 817. Professional opinions expressed have an important bearing on the latter test but, in my view, it is for the trier of fact to weigh the conflicting testimony and ultimately assess the weight to be given to the evidence.

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