What is the scope of disclosure of a surgeon?
Ontario, Canada
The following excerpt is from Remtulla v. Zeldin, 2005 CanLII 28428 (ON SC):
In determining whether a surgeon has made proper disclosure, the court may consider the opinions of physicians and surgeons about the required scope of disclosure, but their opinions are not determinative: Hopp v. Lepp, 1980 CanLII 14 (SCC), [1980] 2 S.C.R. 192. The determination of the standard of care and of disclosure is a legal decision for the court.
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