What is the test for determining whether a patient would have agreed to a prescription drug without the consent of their doctor?
Ontario, Canada
The following excerpt is from Solomon v. Ali, 2018 ONSC 3287 (CanLII):
The Court of Appeal for Ontario in 2014 held in Bollman v. Soenen: The subjective test is based on what the particular patient would have agreed to if the risks were known. It will of necessity vary from patient to patient and take into account factors unique to the individual. The objective test is based on what a reasonable person in the respondent's position would have done. Both the subjective and the objective criteria must be established for the respondent to prove on balance of probabilities that [he] is entitled to damages for the lack of informed consent.[22]
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