How have the courts interpreted informed consent in medical malpractice cases?

In Matuzich v. Lieberman, [2002] O.J. No. 2811 (S.C.J.), the sole issue involved informed consent. Ferrier J. found that an explanation of the risk involved in surgery requires a physician to explain the consequences of an injury should it occur. Ferrier J. found that even though the defendants had described the nature of the risk, they were negligent in their failure to emphasise the extent of the consequences (which required further major surgery and scarring to correct) and by minimizing the risks when discussing them.