What is the standard of care required by the courts in medical malpractice cases?

British Columbia, Canada


The following excerpt is from Hretchka v. Shaughnessy Hospital, 1996 CanLII 3253 (BC CA):

4 Having found the facts on the evidentiary record developed before him, the trial judge applied the standard care laid down in Wilson v. Swanson (1956) 1956 CanLII 1 (SCC), 5 D.L.R. (2d) 113 (S.C.C.) and he concluded: In the instant case the defendant doctors achieved the standard described in Wilson v. Swanson, supra. In my opinion, the plaintiff did not prove a failure of care by the defendant doctors or that their care fell below the standard expected of them. Further, the plaintiff failed to make any connection between his allegations of failure of care by the defendant doctors and his complaints of pain and suffering.

Other Questions


What is the standard of disclosure required by the Canadian Medical Association in medical malpractice cases? (British Columbia, Canada)
What is the standard of care provided by the Court of Appeal for a plaintiff in a medical malpractice case? (British Columbia, Canada)
How have courts considered the necessity requirement in medical malpractice cases? (British Columbia, Canada)
How have courts treated medical malpractice cases in the context of malpractice? (British Columbia, Canada)
What is the standard of care of the medical staff in the context of medical malpractice cases? (British Columbia, Canada)
Is it possible for a medical malpractice court to find medical negligence without receiving expert evidence on common prevailing professional standards? (British Columbia, Canada)
What is the standard of care required in medical malpractice cases? (British Columbia, Canada)
What is the standard of professional competence required to produce expert evidence in a medical malpractice case? (British Columbia, Canada)
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
How have courts refused production of medical records in medical malpractice cases? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.