Can a physician be held liable for errors in judgment?

[18] It is trite law that medical professionals cannot be held liable for mere errors of judgment, which are distinguishable from professional fault. An error in judgment does not amount to negligence where the physician appropriately exercises clinical judgment. Wilson v. Swanson, 1956 CanLII 1 (SCC), [1956] S.C.J. No. 58.

[19] Whether or not the physician was negligent or simply exercised an error in judgment will be determined on a case by case basis having regard to the particular facts in each case: Diagnosis is, above all, an exercise of the physician's judgment based on his training, experience and, perhaps, intuition. It is trite to say that a physician is not liable for injuries flowing from errors of judgment (as opposed to actual negligence). The real difficulty lies in determining whether injurious behaviour by a physician was negligence or merely an error in judgment and it is the facts in each case which will determine the answer to this crucial question. Dean v. York County Hospital et al., [1979] O.J. No. 348 (High Ct.).