What is a "material risk" to a patient in a medical malpractice case?

Alberta, Canada


The following excerpt is from Malinowski v. Schneider, 2010 ABQB 734 (CanLII):

A material risk is one which, objectively, the patient would want to know (Ciarlariello v. Schacter, at 133): In deciding whether a risk is material and therefore, one which should be explained to the patient, an objective approach should be taken. The crucial question in determining the issue is whether a reasonable person in the patient's position would want to know of the risk.

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