What is a physician's duty to disclose medical information to the patient on request?
Alberta, Canada
The following excerpt is from M.(N.) v. Drew (Estate of), 2003 ABCA 231 (CanLII):
The decided cases, and both counsel before us, agree on one thing. A physician need not grant an interview; he or she can refuse, and cannot be compelled to take part. The doctor is the fiduciary of the plaintiff (patient): see McInerney v. MacDonald 1992 CanLII 57 (SCC), [1992] 2 S.C.R. 138, 137 N.R. 35. So the physician may have a duty to disclose medical information to the patient or his lawyer, on request. But the physician has no duty to disclose the information to anyone else.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a medical malpractice case, is a doctor permitted to refer to a patient’s medical chart containing information that is not relevant to the patient? (Alberta, Canada)
Does lack of negligence in the choice of treatment or the manner in which the treatment was performed negate a physician's additional duty to inform the patient of the risks involved in the recommended treatment? (Alberta, Canada)
What is the test for determining whether a medical form is "informative" to a patient? (Alberta, Canada)
What is the legal obligation of a doctor to disclose information to a patient? (Alberta, Canada)
Is it appropriate for a medical professional to be considered a non-treating physician in a medical malpractice case? (Alberta, Canada)
What is the duty of a medical malpractice officer to disclose to a patient that they have not given consent? (Alberta, Canada)
Does a medical doctor have a duty to inform a patient of the possible risks of treatment? (Alberta, Canada)
Does a doctor have a duty to disclose information to a patient? (Alberta, Canada)
What is the legal test for a surgeon to determine whether a patient’s hypothetical choice to refuse treatment should be based solely on the testimony of the patient at trial? (Alberta, Canada)
What is the duty of confidentiality owed by a doctor to a patient to the patient? (Alberta, Canada)
