What is the professional standard of practice in medical malpractice?

Ontario, Canada


The following excerpt is from Moss v. Zaw, 2009 CanLII 14392 (ON SC):

As set out in para. 56 of ter Neuzen v. Korn, supra, the professional standard of practice will only be judged negligent where “the practice does not conform with basic care which is easily understood by the ordinary person who has no particular expertise in the practices of the profession. That is, as Professor Fleming suggests, where the common practice is fraught with danger, a judge or a jury may find the practice itself negligent.”

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