What are the exceptions to expert evidence in medical malpractice cases?
British Columbia, Canada
The following excerpt is from Omer v Badshah, 2019 BCSC 1814 (CanLII):
The first exception applies to cases in which it is possible to reliably determine the standard of care without the assistance of expert evidence. As explained by Southin J.A., at para. 44 of Zink v. Adrian, 2005 BCCA 93, this will be the case only where the court is faced with "non-technical matters or those of which an ordinary person may be expected to have knowledge". …
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