What is the professional obligation of a doctor to be honest exercise of judgment in a medical malpractice case?
Ontario, Canada
The following excerpt is from Adams v. Taylor, 2012 ONSC 4208 (CanLII):
The law provides that the honest exercise of judgment satisfies the professional obligation and is not negligent. However, if the error is one that a reasonable doctor practicing in the same discipline would not have made in similar circumstances, then the conduct falls below the standard of care and is negligent. Wilson v. Swanson, supra.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is an error in judgment not a professional fault but an honest error in an honest exercise of clinical judgment? (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)
In a medical malpractice case, can an expert's professional judgment be based solely on third-hand information? (Ontario, Canada)
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)
What is the case authorities in the context of a medical malpractice case? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence? (Ontario, Canada)
Is a standard medical practice negligent in a medical malpractice case? (Ontario, Canada)
In a medical malpractice case, is a plaintiff entitled to access his medical records and charts? (Ontario, Canada)
What is the impact of a medical malpractice case on the economic impact of the case? (Ontario, Canada)
