What is the burden of proving consent in medical malpractice cases?
Alberta, Canada
The following excerpt is from German v. Alberta, 2009 ABQB 558 (CanLII):
In cases involving medical battery the burden of proving consent to what was done rests with the defendant, Reibl v. Hughes, 1980 CanLII 23 (SCC), [1980] 2 S.C.R. 880 at 890.
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