What is the duty of a surgeon to disclose to a patient that there are material risks in surgery?
British Columbia, Canada
The following excerpt is from Aldcroft v. Dr. Christopher D. Cameron, Dr. Peter A. Gutmanis and Nanaimo General Hospital, 2004 BCSC 1624 (CanLII):
The duty includes the obligation to disclose to the patient the material risks that are present in the surgery. The determination of what risks are material is not solely in the discretion of the surgeon or expert medical opinion; the particular circumstances of the patient are also relevant (Reibl v. Hughes, 1980 CanLII 23 (SCC), [1980] 2 S.C.R. 880, 114 D.L.R. (3d) 1.
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