During a medical malpractice jury trial, the plaintiffs sought to qualify a paediatrician and neonatologist to give expert evidence on the standard of care applicable to the defendant family physician.
The defendants objected, arguing the expert was not a family physician and his evidence would be duplicative and prejudicial.
The court applied the two-stage test for expert evidence and held that the expert was qualified to testify on the minimum standard of care applicable to all physicians regarding well-baby checkups and head circumference measurements.
The court found the evidence was not overly complex or confusing and its benefit outweighed any potential prejudice.