Can a doctor be assessed against an average ability?
Ontario, Canada
The following excerpt is from Tahir v. Mitoff, 2019 ONSC 7298 (CanLII):
It would be unfair and incorrect to judge the actions of a doctor after the fact, with the knowledge of the outcome. A doctor must be assessed against the reasonable doctor of average ability in the same circumstances at the same time: Lapointe v. Hôpital le Gardeur, 1992 CanLII 119 (SCC), [1992] 1 S.C.R. 351. To put it another way, the doctor is to be judged taking into account the knowledge that was available and that the doctor possessed at the time of treatment.
As well, the conduct must not be assessed by examining the result. A disappointing or surprising outcome does not mean a doctor was negligent. An error in judgment is not the same as negligence: Wilson v. Swanson, 1956 CanLII 1 (SCC), [1956] S.C.R. 804.
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