Medical Malpractice

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-09-21
CLNP Page ID:	2403
Page Categories:	Medical Malpractice
Citation:	Medical Malpractice, CLNP 2403, <https://rvt.link/cy>, retrieved on 2024-09-21
Editor:	MKent
Last Updated:	2024/08/28

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Dickie v. Minett, 2012 ONSC 4474 (CanLII)

[196] Counsel relies on the decision in Cooper v. Valakis, [2012] O.J. No. 361, a decision of the Supreme Court of Canada. He submits that, at paragraph 91, the Court set out the standard of care in medical malpractice cases. A physician must exercise the degree of skill expected of a normal prudent practitioner of the same experience and skill. If he is a specialist, a higher degree of skill is required.

Sanzone v Schecter et al, 2015 ONSC 4829 (CanLII)

[10] There is no dispute that the defendants owed Ms. Sanzone a duty of care when providing treatment. The law in Ontario has held, however, that when professional malpractice is alleged, expert opinion evidence is required to allow a trier of fact to properly assess whether a defendant’s action fell below the appropriate standard of care. The expert called to establish negligence must be a professional practising in the same field as the defendant: Kurdina v. Gratzer, 2010 ONCA 288, [2010], O.J. No. 1551, at para. 2. Furthermore, the expert’s opinion must establish all elements of cause in a negligence action: McNeil v. Easterbrook, [2004] O.J. No. 3976 (S.C.), at para. 16.