What is the standard of care of a doctor in a claim of medical malpractice?

Ontario, Canada


The following excerpt is from Diaczuk v. Holloway, 2007 CanLII 10406 (ON SC):

The standard of care in a claim of medical malpractice is well settled. A doctor must act in accordance with the recognized practice of his or her profession. As stated by Schroeder J.A. in Crits and Crits v. Sylvester et al.: Every medical practitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. He is bound to exercise that degree of care and skill which could reasonably be expected of a normal, prudent practitioner of the same experience and standing, and if he holds himself out to be a specialist, a higher degree of skill is required of him than of one who does not profess to be so qualified by special training and ability.[1]

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