What is the standard of care during surgery?
Ontario, Canada
The following excerpt is from Dickie v. Minett, 2012 ONSC 4474 (CanLII):
As to the standard of care during surgery, it is submitted that the burden of proof remains on the plaintiffs and that the plaintiffs failed to meet that burden. The defendant relies on the case of Carter v. Higashi, [1993] A.J. No. 915, and submits that it is identical, in many ways, to this matter. In that case, the plaintiff suffered a fractured jaw during an extraction. The doctor had not warned the plaintiff as to that risk. The plaintiff claimed the doctor was negligent in using excessive force.
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