What is the current state of the law on medical malpractice?
Ontario, Canada
The following excerpt is from Breton v Fairley, 2016 ONSC 6349 (CanLII):
A final word of caution is found in the following passage of Denning L.J. in Roe v. Minister of Health, [1954] 2 Q.B. 66 at 83: It is so easy to be wise after the event and to condemn as negligence that which was only a misadventure. We ought always to be on our guard against it, especially in cases against hospitals and doctors. Medical science has conferred great benefits on mankind, but those benefits are attended by considerable risks. Every surgical operation is attended by risks. We cannot take the benefits without taking the risks. DISCUSSION
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