What consent must be provided by a patient to perform surgery?

Manitoba, Canada


The following excerpt is from Gerelus et al v. Lim et al, 2006 MBQB 194 (CanLII):

Counsel for the plaintiffs submits that consent which must be provided by the patient is with respect to whether surgery will be performed, where it will be done, when it will be done and by whom it will be done. In the absence of such consent, a battery will be committed. It is common ground that the onus is on the defendants to establish consent and that it may be either express or implied. One must look at all aspects of the situation to determine if the patient has agreed to the medical procedure (Allan v. New Mount Sinai, supra).

Other Questions


Can a plaintiff bring a claim of breach of fiduciary duty against a doctor for allegedly performing a tubal ligation without her consent? (Manitoba, Canada)
In obtaining consent for a surgical operation, does a surgeon have to disclose to a patient the risk of paralysis or death? (Manitoba, Canada)
What is an employer’s duty to provide a safe system of work? (Manitoba, Canada)
What is the test for establishing a causal link between a medical practitioner’s failure to inform a patient of any material, special or unusual risks involved with a medical procedure or treatment? (Manitoba, Canada)
What is the current state of the law on informed consent? (Manitoba, Canada)
What is the test for a plaintiff to bring a motion against legislation that would have prevented him from performing certain activities under section 2(d) of the Charter? (Manitoba, Canada)
Is there a private list of people who would perform marriages with only Christian content? (Manitoba, Canada)
What is the test for consent of a plaintiff in a sexual assault case? (Manitoba, Canada)
Does the City have any obligation to provide notice of intent to place a placard on a property? (Manitoba, Canada)
Does J.I have the capacity to consent to sexual activity? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.