What is the current state of the law on oral malpractice warning?

British Columbia, Canada


The following excerpt is from Diack v. Bardsley, 1983 CanLII 541 (BC SC):

As counsel for the plaintiff has pointed out, there are very few risks in this procedure. The oral surgeon can, apparently, break the patient's jaw, or infection can arise, or there can be swelling, pain, nausea and discomfort. But apart from anesthesia, paresthesia, or hyperasthesia, that is all that can happen. In the present state of the law I think such a warning is required. In this connection I respectfully adopt and follow the reasoning of McLachlin J. of this court in Rawlings v. Lindsay (1982), 20 C.C.L.T. 301, even though the facts and the statistical evidence in her case were different from this case. (2) Was an adequate warning given?

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