What is the standard of care of a physician in a medical malpractice case?
Ontario, Canada
The following excerpt is from Barker v. Montfort Hospital, 2006 CanLII 113 (ON SC):
If a doctor acts in accordance with a recognized and respectable practice of the profession, the physician is presumed to meet the standard of care. The plaintiff may however, in a proper case, present evidence that rebuts the presumption: ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674 at 695-697.
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