What is the current state of the law on a physician's duty of care in the context of medical malpractice cases?
British Columbia, Canada
The following excerpt is from Ediger v. Johnston, 2009 BCSC 386 (CanLII):
The question, for the purposes of the present case, would be whether a physician is in a relationship of proximity to the fetus sufficient to support a duty of care, and whether there are policy reasons to negate such a duty: see Cooper v. Hobart, 2001 SCC 79, [2001] 3 S.C.R. 537. The analysis requires also that the harm in question be reasonably foreseeable, but foreseeability is conceded here.
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