What is the standard of care required for a patient to consent to surgery?

Ontario, Canada


The following excerpt is from Kovacich v. St. Joseph's Hospital, 2004 CanLII 34934 (ON SC):

The necessity for an informed consent by a patient to proposed surgery arises out of the nature of the relationship between doctor and patient, and a basic respect for the right of the patient to decide what, if anything, should be done with his/her body. Ref. Laskin C.J. in Hopp v. Leppe 1980 CanLII 14 (SCC), [1980] 2 S.C.R. 192 (S.C.C.) at p. 3 (Quicklaw). The surgeon possesses the specialized knowledge as to the mechanics of the surgery, the advantages and disadvantages, and any attendant risks. The patient relies on the skill and knowledge of the surgeon, however, there is the element of individual choice that requires that the patient be possessed of sufficient enough information to balance the pros and cons of the particular intervention.

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