What is a surgeon’s duty of disclosure?
British Columbia, Canada
The following excerpt is from Joinson v. Heran, 2011 BCSC 727 (CanLII):
Hopp v. Lepp, 1980 CanLII 14 (SCC), [1980] 2 S.C.R. 192, at 81, summarizes the surgeon’s duty of disclosure: a surgeon, generally, should answer any specific questions posed by the patient as to the risks involved and should, without being questioned, disclose to him the nature of the proposed operation, its gravity, any material risks and any special or unusual risks attendant upon the performance of the operation. However, having said that, it should be added that the scope of the duty of disclosure and whether or not it has been breached are matters which must be decided in relation to the circumstances of each particular case.
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