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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a medical malpractice case, is a doctor permitted to refer to a patient’s medical chart containing information that is not relevant to the patient? (Alberta, Canada)
What is the current state of the law on the disclosure of material risks in medical malpractice cases? (Alberta, Canada)
How have courts treated the word "medical services" in a medical malpractice case? (Alberta, Canada)
In a medical malpractice case, can a medical professional become an insurer? (Alberta, Canada)
What is the standard of damages for a tortfeasor in a medical malpractice case where a patient loses most of his life savings? (Alberta, Canada)
What are the costs of a claim for malpractice brought by a plaintiff in a medical malpractice case? (Alberta, Canada)
Is it appropriate for a medical professional to be considered a non-treating physician in a medical malpractice case? (Alberta, Canada)
How has the material contribution test been interpreted in medical malpractice cases? (Alberta, Canada)
When assessing the gravity of the risk of an infection in an operating theatre, is the risk material? (Alberta, Canada)
What is the test of reasonable care in medical malpractice cases? (Alberta, Canada)
