What is the test for a plaintiff who alleges that she was not fully informed of any material risk associated with surgery?
British Columbia, Canada
The following excerpt is from Liu v Chuo, 2019 BCSC 109 (CanLII):
A plaintiff who alleged a lack of informed consent must establish on a balance of probabilities that: a) she was not fully informed of the nature of any material risk of the surgery and any special or unusual risks attendant on the surgery; b) a reasonable person in the plaintiff’s position, properly informed, would not have proceeded with the surgery; and c) an undisclosed material or special or unusual risk actually materialized and caused the plaintiff damage. Rasman v. Regan, 2012 BCSC 1650 at para. 7 [Rasman].
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