What is the test for conformity with standard practice?

Generally speaking conformity with standard practice would address an allegation of negligence unless of course that practice itself falls short in failing to adopt obvious and reasonable precautions. Presumably, there would have to be evidence adduced to demonstrate that the particular standard practiced is no longer an accepted standard or is inapplicable in the particular context. Justice Sopinka opined that “as a general rule, where a procedure involves difficult or uncertain questions of medical treatment or complex, scientific or highly technical matters that are beyond the ordinary experience and understanding of a judge or jury, it will not be able to find a standard medical practice negligent. On the other hand, as an exception to the general rule if a standard practice fails to adopt obvious and reasonable precautions which are readily apparent to the ordinary finder of fact, then it is no excuse for a practitioner to claim that he or she was merely conforming to such a negligent common practice.” (ter Neuzen v. Korn Q.L. para.51) Differences in Medical Opinion