What is the standard of disclosure required by a medical professional?

British Columbia, Canada


The following excerpt is from Warlow v Dr. Sadeghi, 2019 BCSC 463 (CanLII):

In Chen v. Ross, 2014 BCSC 374, aff’d 2015 BCCA 250, Justice Ballance explained what a health professional must disclose in order to ensure the patient has provided informed consent. She emphasized at paras. 303–304 that even remote risks that carry very serious consequences must be disclosed:

Before obtaining a patient’s consent and implementing a course of treatment, the doctor must disclose to the patient the nature of the proposed treatment, its gravity, and any associated material, special and unusual risks that a reasonable person in the patient’s shoes would want to know: Reibl. In addition to informing the patient about the frequency or statistical chance of a material or special risk arising, the physician must also explain the nature and severity of the injury that could ensue: Brock v. Anderson, 2003 BCSC 1359.

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