What is the standard of care of a reasonably competent surgeon?

Alberta, Canada


The following excerpt is from Konkolus v. Royal Alexandra Board of Governors, 1982 CanLII 1179 (AB QB):

There have been many judicial pronouncements on the standard of care to be expected and required of a reasonably competent surgeon. Taschereau J. in Cardin v. Montreal, 1961 CanLII 77 (SCC), [1961] S.C.R. 655, 29 D.L.R. (2d) 492, stated the standard as follows (at p. 494): Certainly, doctors should not be held responsible for unforeseeable accidents which may occur in the normal course of the exercise of their profession. Cases necessarily occur in which, in spite of exercising the greatest caution, accidents supervene and for which nobody can be held responsible. The doctor is not a guarantor of the operation which he performs or the attention he gives. If he displays normal knowledge, if he gives the medical care which a competent doctor would give under identical conditions, if he prepares his patient before operation according to the rules of the art, it is difficult to sue him in damages, if by chance an accident occurs. Perfection is a standard required by law no more for a doctor than for other professional men, lawyers, engineers, architects, etc. Accidents, imponderables, what is foreseeable and what is not, must necessarily be taken into account.

Other Questions


What is the standard of care of an orthopaedic surgeon? (Alberta, Canada)
Is a court not obliged to relax standards or standards to accommodate the parties' lack of experience or familiarity with the rules of evidence and trial procedures? (Alberta, Canada)
What is the standard for reasonableness in the context of a judicial review? (Alberta, Canada)
What is the standard of review in the context of standard review on mixed fact and law? (Alberta, Canada)
What is the standard of care owed to a surgeon who caused nerve damage to a plaintiff's right hand and arm and partial paralysis of his diaphragm? (Alberta, Canada)
What is the reasonable suspicion standard and the use of sniffer dogs in traffic stops? (Alberta, Canada)
What is the test for reasonable use of the word “reasonable person” in a civil matter? (Alberta, Canada)
What standard of review is reasonableness? (Alberta, Canada)
What is the standard of care of a home inspector? (Alberta, Canada)
What is the standard of review for findings of credibility in a civil matter? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.