What is the current definition of informed consent in Canada?
Ontario, Canada
The following excerpt is from Dyke v. Grey Bruce Regional Health Centre, 2005 CanLII 18841 (ON CA):
In June 1995, there was no statutory definition of informed consent.[2] It is, however, well established under the common law in Canada that doctors are required to disclose all material risks to patients before proceeding with treatment. A material risk is one that a reasonable person in the patient’s position would want to know about before deciding whether to proceed with the proposed treatment. Risks that are rare will be material if the consequences of those risks are serious. A failure to make full disclosure of material risks constitutes negligence: Reibl v. Hughes, 1980 CanLII 23 (SCC), [1980] 2 S.C.R. 880 at 894; Ciarlariello v. Schacter, 1993 CanLII 138 (SCC), [1993] 2 S.C.R. 119 at 133.
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