Does error of judgment constitute negligence?

British Columbia, Canada


The following excerpt is from Deck and Deck v. Mitchell et al, 2005 BCSC 1410 (CanLII):

Wilson v. Swanson makes it clear, at p. 812, that an error of judgment does not necessarily constitute negligence: An error in judgement has long been distinguished from an act of unskilfulness or carelessness or due to lack of knowledge. Although universally-accepted procedures must be observed, they furnish little or no assistance in resolving such a predicament as faced the surgeon here. In such a situation a decision must be made without delay based on limited known and unknown factors; and the honest and intelligent exercise of judgement has long been recognized as satisfying the professional obligation. V. The Parties’ Positions (i) The Defendant

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