What is the test for finding a standard medical practice negligent?
Ontario, Canada
The following excerpt is from Suwary v Librach, 2015 ONSC 2100 (CanLII):
It will not be open to the court to find a standard medical practice negligent unless it “fails to adopt obvious and reasonable precautions which are readily apparent to the ordinary finder of fact”: ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674 at para. 51.
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