What is a physician's duty to disclose to a patient the material risks associated with a medical procedure?
Ontario, Canada
The following excerpt is from Azimi v. Neligan, 2004 CanLII 34925 (ON SC):
A physician has a duty to disclose to a patient the material risks associated with a medical procedure, so that the patient can give informed consent. Medical evidence is necessary to assist the trier of fact to determine the likelihood of an occurrence and the severity of the risk (Martins v. Wolfman, [2003] O.J. No. 766 (S.C.J.) at para. 10).
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