What is the test for a doctor to be held liable in a medical malpractice case?
Ontario, Canada
The following excerpt is from Girard and Gagnon v. Windsor Regional Hospital, 2014 ONSC 87 (CanLII):
A doctor will not be found liable where he/she is found to have appropriately applied his/her clinical judgment and a court should not become involved in questions of assessment having to do with diagnosis or treatment of preference (see: Lapointe v. Hôpital Le Gardeur, 1992 CanLII 119 (SCC), [1992] 1 S.C.R. 351).
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