In Levac v. James (Ont CA, 2023) the Court of Appeal briefly states an essential element of medical malpractice:
[48] In a medical malpractice case, the court must determine what a reasonable physician would have done (or not done) in order to meet the standard of care: Armstrong v. Royal Victoria Hospital, 2019 ONCA 963 at para. 87, per van Rensburg J.A. (dissenting), rev’d 2021 SCC 1 for the reasons of van Rensburg J.A. In my view, it was open to the trial judge, relying on the expert evidence, the evidence of nurses who worked with Dr. James, and Dr. James’ own evidence, to conclude that he breached the applicable standard of care by not consistently using an aseptic technique.
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