What is the liability of a doctor who performs an operation?

Manitoba, Canada


The following excerpt is from Rybak v. Plastic Surgery Associates of Winnipeg, 1999 CanLII 14288 (MB QB):

The doctor is not a guarantor of the operation which he performs. Even if the results are not everything the patient hoped for, there is no liability unless there is some evidence of negligence. (See Wilcox v. Cavan (1974), 1974 CanLII 188 (SCC), 50 D.L.R. (3d) 687 (S.C.C.) at p. 696.)

Other Questions


Does a doctor owe a duty to the future child of a mother who is on a medication prescribed by her doctor to prevent her from having a seizure? (Manitoba, Canada)
Can a plaintiff bring a claim of breach of fiduciary duty against a doctor for allegedly performing a tubal ligation without her consent? (Manitoba, Canada)
What is a doctor's duty to follow a working diagnosis? (Manitoba, Canada)
What is a physician's duty to conduct his practice in accordance with the conduct of a prudent and diligent doctor in the same circumstances? (Manitoba, Canada)
What is the test for a motion for successor liability? (Manitoba, Canada)
Can a clause 32 of a Lease Agreement exclude liability? (Manitoba, Canada)
What is the test for a plaintiff to bring a motion against legislation that would have prevented him from performing certain activities under section 2(d) of the Charter? (Manitoba, Canada)
What is the test for determining liability of a defendant in a motor vehicle accident? (Manitoba, Canada)
Is an employer liable for general and special damages in a tort action brought against them by an employer based on vicarious liability? (Manitoba, Canada)
In what circumstances have lawyers been granted injunctions to exempt themselves from the operation of regulations under the Proceeds of Crime Act? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.