What is the standard of care required by a doctor in medical malpractice cases?

Nova Scotia, Canada


The following excerpt is from Crocker v. Awan, 2002 NSSC 136 (CanLII):

Counsel’s brief then notes the comments of Justice Taschereau in Cardin v. City of Montreal, supra, at p. 494: The doctor is not a guarantor of the operation which he performs or the attention he gives. If he displays normal knowledge, if he gives the medical care which a competent doctor would give under identical conditions, if he prepares his patient before operation according to the rules of the art, it is difficult to sue him in damages, if by chance an accident occurs. Perfection is a standard required by law no more for a doctor than for other professional men, lawyers, engineers, architects, etc. Accidents, imponderables, what is foreseeable and what is not, must necessarily be taken into account.

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