The defendants submit that the plaintiff cannot succeed on the consent issue without evidence “as to the standard to be observed…with respect to the provision of information to a patient necessary to obtain truly informed consent” (Bollard v. Eller, 2013 ONSC 5112 at para.20) but here the materiality of the risk of burns is acknowledged. The issue is not a question of what material risks needed to be discussed; it is a question of whether the burn risk, which is acknowledged to be material, was discussed and whether the plaintiff would have proceeded anyway.
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