What is the objective test to apply in determining whether a physician exercised the appropriate standard of care?
Saskatchewan, Canada
The following excerpt is from Prevost v. Das, 2009 SKQB 486 (CanLII):
The test to be applied in determining whether a physician exercised the appropriate standard of care is an objective one. A description of this objective test was set out by Rand J. in Wilson v. Swanson (1956), 1956 CanLII 1 (SCC), 5 D.L.R. (2d) 113, at page 120: ... The test can be no more than this: was the decision the result of the exercise of the surgical intelligence professed? Or was what was done such that, disregarding it may be the exceptional case or individual, in all the circumstances, at least the preponderant opinion of the group would have been against it? If a substantial opinion confirms it, there is no breach or failure. ...
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