What is the test for misrepresentation in medical malpractice cases?

However, where the nature and extent of the danger of using a product is not obvious and a consumer seeks reassurance from a merchant concerning the safety or propriety of a product, [page291] the answer must not be misleading. This is essentially a claim in negligent misrepresentation, augmented in the circumstances where a potentially dangerous product is involved, by the duty to warn. The five elements of a claim for negligent misrepresentation are: (1) a duty of care based on a "special relationship", (2) a misleading representation, (3) negligence in making the misrepresentation, (4) reasonable reliance on the representation, (5) damage caused by the reliance. See Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, [1993] S.C.J. No. 3, at p. 110 S.C.R.