What is the standard of conduct of a gynaecologist and obstetrician?

Manitoba, Canada


The following excerpt is from Fraser v. Sarkis et al., 2005 MBQB 8 (CanLII):

The standard to be applied to the defendant is as set out in ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674, paras. 46 – 75, wherein Sopinka J. states: ¶ 33 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. A specialist, such as the respondent, who holds himself out as possessing a special degree of skill and knowledge, must exercise the degree of skill of an average specialist in his field: …

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