Can a misdiagnosis be taken as an indication of negligence?
Alberta, Canada
The following excerpt is from Keller v. Penkoske, 1999 ABQB 912 (CanLII):
A misdiagnosis may be taken as an indication of negligence if the physician has failed to take advantage of whatever reasonable tests, equipment or assistance were available. Vail v. MacDonald, 1976 CanLII 19 (SCC), [1976] 2 S.C.R. 825 at 832, 66 D.L.R. (3d) 530
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