What is the test for determining whether a plaintiff would not have undergone surgery if she knew there may be an impact on her ability to breathe?
British Columbia, Canada
The following excerpt is from Boschman v. Azad, 2002 BCSC 887 (CanLII):
The plaintiff, in this respect, testified that she would not, if she had known there may be an impact on her ability to breathe, have undergone any surgery which may have exposed her to risk in this respect. The test is not whether the plaintiff would have undergone the surgery; the test is whether a reasonable person in the plaintiff's position would have, on a balance of probabilities, opted against the surgery. See Reibl v. Hughes at page 928.
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