What is the legal test for rhizotomy?
Ontario, Canada
The following excerpt is from Edwardson v. St. Joseph's Healthcare Hamilton (St. Joseph's Hospital), 2012 ONCA 719 (CanLII):
Again, the trial judge carefully applied the correct legal test – the modified objective test – from Reibl v. Hughes. He considered the potential benefits and risks of the proposed procedure, a rhizotomy. He also reviewed the testimony of the respondent and his wife relating to the respondent’s medical condition, new employment in Thunder Bay as a clergyman, recent marriage, and birth of two children. These are precisely the types of factors mentioned as being worthy of consideration by the court in Reibl v. Hughes, at pp. 898-99.
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