Is a surgeon required to disclose a material risk?

A surgeon is required, as noted above, to disclose, among other things, material risks. Whether a risk is material is determined objectively “according to what would reasonably be regarded as influencing a patient’s consent” (Hopp v. Lepp, supra, at p. 209). In assessing the materiality of a particular risk, account must be taken both of the likelihood of its occurrence and the severity of the consequences should it occur. A risk that is a mere possibility may be material and thus must be disclosed if the consequences, should it occur, are serious (see generally, Hopp v. Lepp).