What is the duty of a medical professional to disclose?
British Columbia, Canada
The following excerpt is from Cojocaru (Guardian Ad Litem) v. British Columbia Women's Hospital, 2009 BCSC 494 (CanLII):
With respect to the duty to disclose, a useful starting point for courts in determining which risks must be disclosed is found in Rawlings v. Lindsay (1982), 20 C.C.L.T. 301 (B.C.S.C.), where McLachlin J. (as she then was) stated at 306: …a medical person must disclose those risks to which a reasonable patient would be likely to attach significance in deciding whether or not to undergo the proposed treatment. In making this determination, the degree of probability of the risk and its seriousness are relevant factors.
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