What is the legal standard for obtaining medical malpractice?
Alberta, Canada
The following excerpt is from Poole v. Morgan, 1987 CanLII 3319 (AB QB):
It is the court which defines the legal standard (Hopp v. Lepp and Reibl v. Hughes) with reference to two sources: a) expert medical evidence as to recognized risks inherent both in the given procedure and alternatives, their likelihood of occurrence, the consequences of leaving the ailment untreated and other pertinent matters; b) evidence as to what the patient deems relevant to his decision, or at least what the doctor knew or ought to have known in this regard (Reibl v. Hughes).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard practice of a physician in the context of medical malpractice? (Alberta, Canada)
Is it appropriate for a medical professional to be considered a non-treating physician in a medical malpractice case? (Alberta, Canada)
What is the standard of damages for a tortfeasor in a medical malpractice case where a patient loses most of his life savings? (Alberta, Canada)
In a medical malpractice case, can a medical professional become an insurer? (Alberta, Canada)
What is the current state of the law on the right of a medical professional to present new evidence at a medical malpractice hearing? (Alberta, Canada)
What is the standard of review in a medical malpractice case? (Alberta, Canada)
In a medical malpractice case, is a doctor permitted to refer to a patient’s medical chart containing information that is not relevant to the patient? (Alberta, Canada)
What is the standard of causation in medical malpractice cases? (Alberta, Canada)
What is the standard of care expected by a doctor in a medical malpractice case? (Alberta, Canada)
What is the standard of care of an inspector in a medical malpractice case? (Alberta, Canada)
