What is the standard of practice in medical malpractice?
Ontario, Canada
The following excerpt is from Tomeh v. Cheah, 2013 ONSC 6074 (CanLII):
While there may be accepted practices that are “fraught with obvious risks” such that the practice itself may be negligent, that is not the issue here: ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674 at 697. Here, expert evidence demonstrating a breach of the standard of practice is required.
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