Can a physician obtain consent to cauterize or cut the fallopian tube without the consent of a patient?
Ontario, Canada
The following excerpt is from Mohsina v. Ornstein, 2012 ONSC 6678 (CanLII):
In Kanis v. Sinclair the patient consented before surgery to sterilization by means of clipping the fallopian tube as opposed to the other methods of cauterizing or cutting the tube. The patient believed the clipping method had a greater chance of being reversed in the event she wished to have a child. The consent referred only to an operation which would result in sterilization without specifying the alternative methods. The physician cauterized the tube without the consent of the patient.
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