Can a pleading that a physician has allegations of prior misconduct be relevant to the subsequent conduct of the doctor?
Ontario, Canada
The following excerpt is from Williams v. Wai-Ping, 2005 CanLII 16602 (ON SC):
In Carroll v. Wagg, (1996) O.J. No. 4740, the court allowed a pleading that a physician had allegations of prior misconduct which were specific to his conduct at the time of treatment to the plaintiff. That court held that, if properly drafted, a pleading related to the knowledge of a doctor’s previous experience and lack of skill is relevant to the subsequent conduct complained of.
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