What is the test for determining whether a physician failed to warn a patient of the risks associated with elective surgery?
Canada (Federal), Canada
The following excerpt is from Arndt v. Smith, [1997] 2 SCR 539, 1997 CanLII 360 (SCC):
2 The starting point for this question must be Reibl v. Hughes, 1980 CanLII 23 (SCC), [1980] 2 S.C.R. 880, which set out the basic principles for assessing causation in cases involving allegations of negligence by doctors. Reibl involved an action by a patient against a surgeon for failing to warn him of the risk of paralysis associated with the elective surgery performed by that surgeon. One of the defences raised was that even if the surgeon had disclosed all of the risks of the procedure, the plaintiff would nonetheless have gone ahead with the operation. In other words, the physician disputed whether his negligent failure to disclose had, in fact, caused the plaintiff’s loss.
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