There are three elements to the doctrine of informed consent: Arndt v. Smith, 1997 CanLII 360 (SCC), [1997] 2 S.C.R. 539: (a) The physician must discharge his or her duty to outline the basic nature and character of the operation to be performed - in this case, a revision of a primary vertical banded gastroplasty. This also requires a discussion of alternate therapies and treatments. (b) The complication that occurs must be one which is found in law to be a “material risk” and therefore one which should have been disclosed. (c) Even if the physician fails to obtain an informed consent, liability will only attach where it can be established that a reasonable person in the patient’s position would have decided to forego the surgical procedure had she been properly informed. (a) Standard of Care in Informed Consent
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