What is the standard of disclosure required by a doctor to disclose to a patient of a proposed surgery or treatment?

Alberta, Canada


The following excerpt is from Zimmer v. Ringrose, 1981 ABCA 60 (CanLII):

Generally speaking, a doctor is obliged to disclose to the patient all material risks inherent in the proposed surgery or treatment (Hopp v. Lepp). Material risks encompass not only probable and special or unusual risks, but also risks which the doctor knows or ought to know would likely influence the patient's decision whether to submit to the prescribed treatment. Information requested by a patient will normally provide the doctor with some guidance as to those matters which the patient considers relevant and should therefore be discussed. With a view to revealing any probable or special risks involved, the physician or surgeon should also discuss the benefits to be gained from the recommended treatment or operation, the advantages and disadvantages associated with alternative procedures and the consequences of foregoing treatment. Such a discussion is essential since a patient cannot measure risks in the abstract. To discharge his duty of care, the doctor must give the patient some yardstick against which he can assess the options available to him.

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