What are the elements of informed consent in medical malpractice cases?
Alberta, Canada
The following excerpt is from Malinowski v. Schneider, 2010 ABQB 734 (CanLII):
In Dickson v. Pinder, at para. 68,Yamauchi J. identified five components to informed consent: 1. the medical practitioner’s diagnosis of the patient’s condition; 2. the prognosis of that condition with and without medical treatment; 3. the nature of the proposed medical treatment; 4. the risks associated with the proposed medical treatment; and 5. the alternatives to the proposed medical treatment, and the advantages and risks of those alternatives.
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