What is the test for explanation by a doctor?
Alberta, Canada
The following excerpt is from Allison v. Traff, 2003 ABQB 17 (CanLII):
Of course in any case the test for explanation by the doctor is succinctly stated in Ciarlariello v. Keller, 1993 CanLII 138 (SCC), 100 D.L.R. (4th) 609 (S.C.C.), p. 617: In deciding whether a risk is material and, therefore, one which should be explained to the patient, an objective approach should be taken. The crucial question in determining the issue is whether a reasonable person in the patient’s position would want to know of the risk. That presupposes that the patient is not already aware of the possible material risks of a surgical procedure. If she is already aware of the possible material risks and consents to the procedure she accepts the possible risks.
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