Does an error in judgment in judgment constitute negligence?

Ontario, Canada


The following excerpt is from Hillis v Meineri, 2017 ONSC 2845 (CanLII):

An error in judgment will not constitute negligence: Wilson v. Swanson, at p. 812. An error in judgment has long been distinguished from an act of unskillfulness 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.

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