What is the authority on battery in medical malpractice cases?
Newfoundland and Labrador, Canada
The following excerpt is from Brushett v Cowan, 1990 CanLII 6513 (NL CA):
The definitive Canadian authority to date on this type of battery is Reibl v. Hughes (1980), 1980 CanLII 23 (SCC), 114 D.L.R. (3d) 1, [1980] 2 S.C.R. 880, 14 C.C.L.T. 1. In that case the patient became paralysed and impotent during or immediately following an operation to remove an arterial occlusion. The battery aspect of the patient's claim was based upon lack of informed consent in that the operating physician had not informed him of the risk of paralysis. Laskin C.J.C. held that the failure to disclose attendant risks should go to negligence rather than to battery.
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