Can a medical professional's negligent failure to disclose treatment alternatives and possible diagnoses change the manner of treatment?
Alberta, Canada
The following excerpt is from Paniccia Estate v Toal, 2011 ABQB 326 (CanLII):
A medical professional’s negligent failure to disclosure treatment alternatives and possible diagnoses can cause injury where that failure would change the manner in which treatment occurred. Cory J. in Arndt v. Smith, 1997 CanLII 360 (SCC), [1997] 2 S.C.R. 539 at 554, 148 D.L.R. (4th) 48 succinctly described this ‘objective/subjective’ assessment as “... whether a reasonable person in the circumstances of the plaintiff would have consented to the proposed treatment if all the risks had been disclosed”.
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