What is the standard of disclosure in medical malpractice cases?

British Columbia, Canada


The following excerpt is from Ediger v. Johnston, 2009 BCSC 386 (CanLII):

As McLachlin J. (as she then was) explained in Rawlings v. Lindsay (1982), 20 C.C.L.T. 301 (B.C.S.C.) at 306, the physician must disclose to the patient those risks to which a reasonable patient would likely attach significance in deciding whether or not to undergo the proposed treatment, considering, among other things, the degree of probability of the risk and its seriousness. Thus an "unusual" or improbable risk should be disclosed if its effects are serious. Conversely, a minor result should be disclosed if it is inherent or a probable result of the process.

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