Is expert evidence required in medical malpractice cases?
Nova Scotia, Canada
The following excerpt is from McFarlane v. MacDonald, 2015 NSSC 107 (CanLII):
Expert evidence is required in medical malpractice cases, except where the practice or procedure is “fraught with obvious risks”. In ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674, Justice Sopinka said at para 46: 46 It is well settled that physicians have a duty to conduct their practice in accordance with the conduct of a prudent and diligent doctor in the same circumstances.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of evidence used in medical, scientific and other medical evidence at a jury trial? (Nova Scotia, Canada)
When there are contradictory evidence in a medical malpractice case, does the court have any authority or authority to interfere? (Nova Scotia, Canada)
What is the standard of care required by a doctor in medical malpractice cases? (Nova Scotia, Canada)
Is a plaintiff required to provide expert evidence to support her claim for medical negligence? (Nova Scotia, Canada)
How have the courts treated expert reports in a medical malpractice case? (Nova Scotia, Canada)
In a medical malpractice case, is the employer required to make all necessary provisions for occupational safety and health of employees? (Nova Scotia, Canada)
How has the respondent defended its position that it did not discriminate against the complainant in a medical malpractice case? (Nova Scotia, Canada)
What is the "crumbling skull" rule in medical malpractice cases? (Nova Scotia, Canada)
What is the test for balance of convenience in a medical malpractice case? (Nova Scotia, Canada)
What are the principles of hearsay and the exceptions to hearsay in medical malpractice cases? (Nova Scotia, Canada)
