Does a failure to disclose the risks to a patient's health constitute negligence rather than battery?

British Columbia, Canada


The following excerpt is from Pearlman v Hawk Estate, 2019 BCSC 1701 (CanLII):

Unless there has been misrepresentation or fraud to secure consent to the treatment, a failure to disclose attendant risks, however serious, sounds in negligence rather than battery: Reibl v. Hughes, 1980 CanLII 23 (SCC), [1980] 2 S.C.R. 880, p. 891-892.

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