Does a medical doctor have a duty to inform a patient of the possible risks of treatment?
Alberta, Canada
The following excerpt is from Bebyck v. Ray, 2005 ABQB 993 (CanLII):
A medical doctor has a duty to exercise due care when treating his patient. This duty includes the duty to inform the patient of the nature and possible risks of treatment: ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 10 WWR 1 at 14 (SCC).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a medical malpractice case, is a doctor permitted to refer to a patient’s medical chart containing information that is not relevant to the patient? (Alberta, Canada)
Does lack of negligence in the choice of treatment or the manner in which the treatment was performed negate a physician's additional duty to inform the patient of the risks involved in the recommended treatment? (Alberta, Canada)
Can a medical professional's negligent failure to disclose treatment alternatives and possible diagnoses change the manner of treatment? (Alberta, Canada)
What is the legal obligation of a doctor to disclose information to a patient? (Alberta, Canada)
What is a "material risk" to a patient in a medical malpractice case? (Alberta, Canada)
What is the test for determining whether a medical form is "informative" to a patient? (Alberta, Canada)
What is the standard of disclosure required by a doctor to disclose to a patient of a proposed surgery or treatment? (Alberta, Canada)
What is the legal test for a surgeon to determine whether a patient’s hypothetical choice to refuse treatment should be based solely on the testimony of the patient at trial? (Alberta, Canada)
Does a doctor have a duty to disclose information to a patient? (Alberta, Canada)
What is the duty of confidentiality owed by a doctor to a patient to the patient? (Alberta, Canada)
