Representing Victims of Medical Malpractice Across Ontario

Articles Tagged

Standard of Practice

Standard of practice is the benchmark used in the regulatory and disciplinary context to measure a health professional’s conduct against the expectations of the profession. In discipline proceedings, a finding that a member failed to maintain the standard of practice of the profession is a core route to a finding of professional misconduct, and it draws on the College’s published standards, policies, and guidelines.

The regulatory standard of practice is related to, but not identical with, the civil standard of care. Both ask what a reasonable practitioner would have done, but they serve different ends: the disciplinary standard protects the public and governs the profession, while the civil standard determines liability and compensation. A College standard or policy is relevant evidence in both settings, but in a civil case the standard of care is ultimately established through expert evidence rather than by the policy alone.

Posts tagged Standard of Practice analyze Ontario discipline decisions addressing the professional standard of practice and its relationship to the civil standard of care.

6 articles View all topics →
Navy title card reading "CPSO v Konasiewicz, Case Comment" with the line "A patient death, deficient technique, and a suspension," from paulcahill.ca

CPSO v Konasiewicz: A Patient Death, Deficient Technique, and a Suspension

A neurosurgeon practising pain medicine was suspended for six months after the tribunal found his chronic pain care fell below the standard of practice, his treatment of a patient who died after nerve blocks was deficient, and he breached a College order restricting his injections. A look at why a patient death led to remediation rather than revocation, and where the discipline process ends and a civil claim begins.

Read More »
Navy title card reading "CPSO v Maharaj, Case Comment" with the line "Revocation after unconsented, non-evidence-based care," from paulcahill.ca

CPSO v Maharaj: A Revoked Licence, and What It Means For Patients

The Ontario Physicians and Surgeons Discipline Tribunal revoked Dr. Maharaj’s licence after finding his care of 17 patients fell below the standard of practice and that he was incompetent. A look at the consent, evidence-based-treatment and privacy findings, and what a discipline decision does and does not mean for an injured patient.

Read More »
Have a Case Like This?

Concerned about medical negligence?
Talk to Paul directly.

Free, confidential consultations. Paul reviews every potential case personally and tells you honestly whether it merits investigation.