In what circumstances will a doctor be excused on the basis of therapeutic privilege in an IVP case?

Ontario, Canada


The following excerpt is from Meyer Estate v. Rogers, 1991 CanLII 8314 (ON SCDC):

In a similar vein, in another American IVP case, Hook v. Rothstein, 316 S.E. 2d 690 (1984) (S.C.App.), the court stated at p. 703: Under certain circumstances, the disclosure of risks is unnecessary. One such circumstance is where the physician reasonably believes that a complete and candid disclosure of possible consequences might have a detrimental effect on the physical or psychological well-being of the patient. There may well be other United States cases where death resulted from an IVP but the doctor's non-disclosure was excused on the basis of therapeutic privilege. I do not think anyone disputes the fact that the doctrine is applied in some states, and, indeed, it has even been incorporated into health law statutes in some states.

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