What is the standard of clinical judgment in medical malpractice when a radiologist fails to diagnose a fracture?
British Columbia, Canada
The following excerpt is from Kruk v. Ho, 2009 BCSC 1418 (CanLII):
Citing Geddes v. Bloom, where a radiologist had failed to diagnose a jaw fracture, the defence points to that decision which set out that while a doctor’s clinical judgment was wrong in failing to diagnose a fracture, the standard is not one of perfection; “...the standard is not one of perfection and the error is one which falls in that category that does not constitute negligence.” (Paragraph 33)
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