What is the legal test for lack of informed consent?
Manitoba, Canada
The following excerpt is from Laing v. Sekundiak, 2015 MBCA 72 (CanLII):
The application judge concluded that the applicant had not demonstrated a reasonable chance of success for her proposed claim for lack of informed consent. He explained a doctor’s duty of informed consent by quoting a passage from Revell v. Heartwell et al., 2010 ONCA 353, 266 O.A.C. 184, which states in part that (at para. 42): Doctors must disclose all material risks to patients before proceeding with treatment. A material risk is one that a reasonable person in the patient's position would want to know about before deciding whether to proceed with the proposed treatment. ….
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