What is the standard of disclosure required by a physician in a medical malpractice case?
Alberta, Canada
The following excerpt is from Pozdzik (next friend of) v. Wilson, 2002 ABQB 351 (CanLII):
The choice of which reasonable alternative treatment to select therefore lies with the patient, not the physician. The physician must provide the patient with the information necessary to make an informed decision and as such bears a high standard of disclosure; see Arndt v. Smith (1997) 1997 CanLII 360 (SCC), 148 D.L.R. (4th) 48 at 56 (S.C.C.).
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