What is the applicable standard of care in medical malpractice cases?

Prince Edward Island, Canada


The following excerpt is from Harris v. Beck, 2009 PECA 8 (CanLII):

I have reviewed the trial judge’s analysis and find that he correctly characterized the applicable standard of care. The trial judge applied the standard which has been widely applied by courts across the country, including this court, in Rayner v. Knickle, 1991 CanLII 2752 (PE SCAD), [1991] P.E.I.J. No. 26, 88 Nfld. & P.E.I.R. 214. He correctly enunciated what is commonly known as the “locality rule.” A medical person must possess and use the reasonable degree of skill and knowledge exhibited by a reasonable person in like circumstances.

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