What is the test of reasonable care in medical malpractice cases?
Alberta, Canada
The following excerpt is from Wills v. Saunders, 1989 CanLII 3030 (AB QB):
In McCormick v. Marcotte, 1971 CanLII 52 (SCC), [1972] S.C.R. 18, 20 D.L.R. (3d) 345 [Que.], at p. 21, Abbott J. stated as follows: The test of reasonable care applies in medical malpractice cases as in other cases where fault is alleged. The medical man must possess and use, that reasonable degree of learning and skill ordinarily possessed by practitioners in similar communities in similar cases. Whether or not such test has been met depends, of course, upon the particular circumstances of each case.
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