What is the test for failing to disclose material risks or special or unusual risks?
British Columbia, Canada
The following excerpt is from Arndt v. Smith, 1995 CanLII 1370 (BC CA):
49. In its application to a case of failure to disclose material risks or special or unusual risks, or failure to answer a patient's questions fairly and frankly, the test would apply when the test in Reibl v. Hughes failed to produce a clear and consistent answer, that is, only where some reasonable patients in the plaintiff's position would have taken a different course than the uninformed plaintiff actually took. If that clear and consistent answer is not reached, then the plaintiff who was a victim of the wrong and who was deprived of a choice about the patient's own bodily integrity should have judgment in his or her favour.
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