What is the test for disclosure in medical malpractice cases?
Ontario, Canada
The following excerpt is from Leblanc v. Hunt et al., 2011 ONSC 1333 (CanLII):
Arndt v. Smith, 1997 CanLII 360 (SCC), [1997] 2 S.C.R. 539, held, at para. 6, that a court must “consider what the reasonable patient in the circumstances of the plaintiff would have done if faced with the same situation” to determine whether the lack of disclosure actually caused harm to the patient.
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