What is the test for determining whether a judge has medical expertise?
Ontario, Canada
The following excerpt is from Farlow v. Hospital for Sick Children, 2009 CanLII 63602 (ON SC):
Judges do not have medical expertise. They therefore rely on expert evidence. In particular, they rely on experts to describe the appropriate standard of care that applies to the physician and the circumstances in question. The court then considers the physician's conduct as against that standard of care (Suserski v. Nurse, [2006] O.J. No. 4839, 153 A.C.W.S. (3d) 338 (S.C.J.), at para. 26).
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