In canada Section 216 of the Criminal Code requires everyone who undertakes to administer medical treatment to another person to perform those duties in a competent manner. In determining whether that duty has been breached, courts will (p. 96).
Compare the behaviour with that of a reasonable person in the same circumstances
Compare the behaviour with that of an expert in the field of medicine
Determine the constitutional validity of the section
Determine if the section of the Code creates a strict liability or absolute liability offencea