What is the standard of care owed by a physician to a patient?

Counsel referred to Wilson v. Swanson, 1956 CanLII 1 (SCC), [1956] S.C.R. 804, the leading case on the standard of care. At pages 811‑12, Rand J. sets out the duty owed by a physician toward his patient: ...What the surgeon by his ordinary engagement undertakes with the patient is that he possesses the skill, knowledge and judgment of the generality or average of the special group or class of technicians to which he belongs and will faithfully exercise them. In a given situation some may differ from others in that exercise, depending on the significance they attribute to the different factors in the light of their own experience. The dynamics of the human body of each individual are themselves individual and there are lines of doubt and uncertainty at which a clear course of action may be precluded. There is here only the question of judgment; what of that? The test can be no more than this: was the decision the result of the exercise of the surgical intelligence professed? Or was what was done such that, disregarding it may be the exceptional case or individual, in all the circumstances, at least the preponderant opinion of the group would have been against it? If a substantial opinion confirms it, there is no breach or failure. ...

Defence counsel submitted that the facts in the case at bar do not give rise to an issue of fiduciary relationship. Rather, she said that the principle which applies is that which is set out in ter Neuzen v. Korn (1995), 1995 CanLII 72 (SCC), 127 D.L.R. (4th) 577 (S.C.C.), where at pp. 590, Sopinka, J., speaking for the court said, as follows: It is generally accepted that when a doctor acts in accordance with a recognized and respectable practice of the profession, he or she will not be found to be negligent. This is because courts do not ordinarily have the expertise to tell professionals that they are not behaving appropriately in their field. In a sense, the medical profession as a whole is assumed to have adopted procedures which are in the best interests of patients and are not inherently negligent. ...