What is the test for disclosing material risks in a medical malpractice?

Ontario, Canada


The following excerpt is from Andersen v. St. Jude Medical, Inc., 2012 ONSC 3660 (CanLII):

The plaintiffs cite case law that uses the concept of MCIDs to aid in determining whether certain risks must be disclosed to a patient. For example, they cite informed consent case law, such as Hopp v. Lepp,[115] for the proposition that a risk which is a mere possibility is material if its occurrence carries serious consequences. The plaintiffs note that such risks must be disclosed to the patient.

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