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

In addressing this issue, it is useful to consider the standard of care as set out in ter Neuzen v. Korn (1995), 1995 CanLII 72 (SCC), 127 D.L.R. (4th) 577, [1995] 3 S.C.R. 674 at ¶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 [references omitted].

In Wilson v. Swanson, 1956 CanLII 1 (SCC), [1956] S.C.R. 804, 5 D.L.R. (2d) 113, Rand J. stated at pp. 811-812: What the surgeon by his ordinary engagement undertakes with the patient is that he possesses the skill, knowledge and judgment of the generality or average of the special group or class of technicians to which he belongs and will faithfully exercise them. In a given situation some may differ from others in that exercise, depending on the significance they attribute to the different factors in the light of their own experience. The dynamics of the human body of each individual are themselves individual and there are lines of doubt and uncertainty at which a clear course of action may be precluded. There is here only the question of judgment; what of that? That test can be no more than this: was the decision the result of the exercise of the surgical intelligence professed? Or was what was done such that, disregarding it may be the exceptional case or individual, in all the circumstances, at least the preponderant opinion of the group would have been against it? If a substantial opinion confirms it, there is no breach or failure.