How have courts treated the issue of wisdom tooth replacement surgery in the context of dental malpractice cases?

British Columbia, Canada


The following excerpt is from Diack v. Bardsley, 1983 CanLII 541 (BC SC):

In Rawlings v. Lindsay, supra, McLachlin J. answered this question in the following terms at p. 309: In my view, a reasonable person in her position, confronted with a choice between, on the one hand, optional surgery which was unlikely to improve the problem for which she had sought it out, and which carried a 5 to 10 per cent chance of nerve damage and its attendant risks, and on the other not having that surgery and living with the possibility that her wisdom teeth might cause her problems in the future, would most probably have decided against the surgical removal of those teeth.

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