What is the current state of the law on disclosure in medical malpractice cases?

50. In subsequent decisions, courts have drawn certain conclusions from Hopp v. Lepp. Most relevant to this case, these include: • A risk which is a mere possibility ordinarily does not have to be disclosed, but if its occurrence may result in serious consequences, such as paralysis or even death, then it should be treated as a material risk and should be disclosed; • The patient is entitled to be given an explanation as to the nature of the operation and its gravity; and • The scope of the duty of disclosure and whether it has been breached must be decided in relation to the circumstances of each case.[2]