Can a hospital and physician be held liable in common law for failing to provide adequate control and supervision for a mentally ill patient?

Ontario, Canada


The following excerpt is from Healey v. Lakeridge Health Corporation, 2006 CanLII 36247 (ON SC):

There is no doubt that hospitals and physicians can owe duties of care to persons who suffer harm as a foreseeable consequence of a breach of duty owed to a patient. Thus, in Wellesley Hospital v. Lawson, 1977 CanLII 29 (SCC), [1978] 1 S.C.R. 893, at page 896, Laskin C.J. stated: It was not doubted by counsel for the parties that at common law a hospital, especially one providing treatment for mentally-ill persons, would be under a common law liability if by reason of its failure to provide adequate control and supervision injury occurred to third persons by reason of the conduct or behaviour of a patient.

Other Questions


Can a court find a real estate agent liable in negligence for failing to provide evidence of customary practice? (Ontario, Canada)
What is the duty of care of a mental health care provider to avoid causing foreseeable mental injury? (Ontario, Canada)
What is the standard of care required by a physician to treat a patient in a hospital? (Ontario, Canada)
Can a party to a designating by-law be challenged for failing to provide adequate notice of the intent of the municipality? (Ontario, Canada)
Is there any case law where a temporary order has been granted against Boris for failing to provide adequate records of his income and expenses? (Ontario, Canada)
Can a municipality be prejudiced if it fails to provide adequate notice to a plaintiff? (Ontario, Canada)
Can a lawyer be held liable for failing to provide the proper instructions? (Ontario, Canada)
What is the common law common law authorizes a search incident to a lawful arrest? (Ontario, Canada)
Does a common law spouse have a duty to perform unpaid work for her common law partner? (Ontario, Canada)
What constitutes constructive dismissal in common law Canadian common law? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.