What is the duty of disclosure of a surgeon to a patient?

Ontario, Canada


The following excerpt is from Stamos v. Davies, 1985 CanLII 2009 (ON SC):

2. The duty of disclosure also embraces what the surgeon knows or should know that the patient deems relevant to the patient's decision whether or not to undergo the operation. If the patient asks specific questions about the operation, then the patient is entitled to be given reasonable answers to such questions. In addition to expert medical evidence, other evidence, including evidence from the patient or from members of the patient's family is to be considered. In Reibl v. Hughes, supra, at p. 894 S.C.R., p. 12 D.L.R., Laskin C.J.C. stated: "The patient may have expressed certain concerns to the doctor and the latter is obliged to meet them in a reasonable way. What the doctor knows or should know that the particular patient deems relevant to a decision whether to undergo prescribed treatment goes equally to his duty of disclosure as do the material risks recognized as a matter of required medical knowledge."

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