What is the test for determining whether a professional who adheres to common professional practice is liable for negligence in a medical malpractice case?

Ontario, Canada


The following excerpt is from Cleveland v. Whelan, 2011 ONCA 244 (CanLII):

Moreover, courts have the discretion to assess liability even in the face of uncontradicted evidence of common professional practice. As L’Heureux-Dubé J. stated in Roberge v. Bolduc, 1991 CanLII 83 (SCC), [1991] 1 S.C.R. 374, at p. 437: The fact that a professional has followed the practice of his or her peers may be strong evidence of reasonable and diligent conduct, but it is not determinative. If the practice is not in accordance with the general standards of liability, i.e., that one must act in a reasonable manner, then the professional who adheres to such a practice can be found liable, depending on the facts of each case. [Emphasis in original.]

Other Questions


Is a standard medical practice negligent in a medical malpractice case? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence cases? (Ontario, Canada)
How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)
What is the test for determining whether there is causation in a medical malpractice case? (Ontario, Canada)
What is the test for negligent negligence in a medical malpractice case? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence? (Ontario, Canada)
What is the test for determining whether a doctor is liable for a patient’s medical malpractice? (Ontario, Canada)
What is the test for negligent negligence in medical malpractice cases? (Ontario, Canada)
In a medical malpractice case, is a plaintiff entitled to access his medical records and charts? (Ontario, Canada)
What is the case authorities in the context of a medical malpractice case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.