Does an error in clinical judgment constitute negligence?

It is also important to note that an error in clinical judgment does not constitute negligence unless that error also amounts to a failure to meet the standard of care. In that respect the court in Wilson v. Swanson, 1956 CanLII 1 (SCC), [1956] S.C.J. No. 58 wrote at page 6 of the decision: “An error in judgment 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 judgment has long been recognized as satisfying the professional obligation.”

Still further, it must be recognized that competent reasonable medical professionals may disagree as to the best course of action where there is more than one reasonable alternative. In that respect see the case of Lapointe v. Hôpital le Gardeur, 1992 CanLII 119 (SCC), [1992] 1 S.C.R. 351, where the court held at para. 31: “Given the number of available methods of treatment from which medical professionals must at times choose, and the distinction between error and fault, a doctor will not be found liable if the diagnosis and treatment given to a patient correspond to those recognized by medical science at the time, even in the face of competing theories. …” B. The Positions of the Parties