What is the test for proving that a physician has not met the standard of care in a medical malpractice action?
Ontario, Canada
The following excerpt is from Heikamp v. Renfrew Victoria Hospital et al., 2022 ONSC 780 (CanLII):
In a medical malpractice action, the plaintiff has the onus of proving, on a balance of probabilities, that the defendant physician fell below the requisite standard of care: Bafaro v. Dowd, [2008] OJ No. 3474 (ONSC) at para 22, aff’d 2010 ONCA 188.
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