What is the test for adequate disclosure of material risks attendant to a procedure or treatment?

Ontario, Canada


The following excerpt is from Revell v. Chow, 2010 ONCA 353 (CanLII):

In Matuzich v. Lieberman, [2002] O.J. No. 2811 (S.C.) at para. 53, Ferrier J. provides a helpful guide to approaching the question of whether there has been adequate disclosure of the material risks attendant on a procedure or treatment. He said that disclosure involves three major elements: 1. an explanation of the procedure and the injury that may occur; 2. an explanation of the frequency or likelihood of the injury (risk) materializing; and, 3. an explanation of the consequences of the injury (risk), should it occur.

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