What is the liability of a doctor who fails to follow a commonly accepted standard of practice?

Where the evidence establishes that the doctor followed the commonly accepted standard of practice (or there is no evidence the doctor did not follow such practice) there will be no liability unless the commonly accepted standard of practice is itself found to be negligent. Such a finding may only be made if the practice at issue does not involve difficult or uncertain questions of medical treatment and the practice itself is “fraught with danger”: ter Neuzen v. Korn, supra, at 698-702.

A doctor does not guarantee or insure that the patient will be cured. A doctor is not liable merely because some other doctor, of far greater experience or ability, might have used a greater degree of skill, or that the doctor himself might have used some greater degree of care: Challand v. Bell, supra, at 152-153.