What is a medical professional's duty to conduct their practice in accordance with recognized and acceptable practices of the profession?

British Columbia, Canada


The following excerpt is from Mikhail v. Northern Health Authority (Prince George Regional Hospital), 2010 BCSC 1817 (CanLII):

Medical professionals will not be found negligent where found they have acted in accordance with recognized and acceptable practices of the profession. 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. In the case of a specialist, such as a gynaecologist and obstetrician, the doctor's behaviour must be assessed in light of the conduct of other ordinary specialists, who possess a reasonable level of knowledge, competence and skill expected of professionals in Canada, in that field” [ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674 [ter Neuzen], para. 33].

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