What is the standard of care of a plaintiff in a medical malpractice case where there are conflicting opinions between two doctors?

Manitoba, Canada


The following excerpt is from Preston et al v. Chow et al, 2007 MBQB 318 (CanLII):

In Crawford v. Penney, supra, Power J. rejected a similar argument, based on Maynard, to that advanced here. He said: ¶248 I conclude from the foregoing that, indeed, the appropriate standard of care is determined by the trier of fact. Where there are conflicting expert opinions, the trier of fact must weigh the conflicting testimony and ultimately assess the weight to be given to the evidence. "There is no necessitated dismissal of a medical negligence claim simply because honest and competent experts disagree over a doctor's diagnosis or treatment".

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