What is the objective/subjective assessment of “objective/objective” in medical malpractice cases?
Alberta, Canada
The following excerpt is from Malinowski v. Schneider, 2010 ABQB 734 (CanLII):
Cory J. succinctly described this ‘objective/subjective’ assessment as “... whether a reasonable person in the circumstances of the plaintiff would have consented to the proposed treatment if all the risks had been disclosed.” (Arndt v. Smith, 1997 CanLII 360 (SCC), [1997] 2 S.C.R. 539 at 554, 148 D.L.R. (4th) 48). 2. Evidence
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