What is the test applied in medical malpractice cases where the specialist failed to possess or exercise reasonable degree of learning and skill?
British Columbia, Canada
The following excerpt is from Hunt et al. v. Szirmay-Kalos, 2005 BCSC 496 (CanLII):
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 817, 5 D.L.R. (2d) 113 (S.C.C.). 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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