What is the test for determining whether a patient would have consented to an operation if he had been properly warned?
Ontario, Canada
The following excerpt is from White v. Turner, 1981 CanLII 2874 (ON SC):
The decision in Reibl v. Hughes has also declared that an objective test of causation is to be employed in assessing whether the patient would have consented to the operation if he had been properly warned. Unlike the situation in battery, where proof of actual damage is unnecessary, negligence law will only furnish compensation if the substandard conduct being assessed has caused some loss to the plaintiff.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a patient would have agreed to a prescription drug without the consent of their doctor? (Ontario, Canada)
What is the objective test for determining whether a patient is in a medically induced coma? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
What is the test for determining whether a doctor is liable for a patient’s medical malpractice? (Ontario, Canada)
What is the test for determining whether a doctor has failed to disclose to a patient? (Ontario, Canada)
What is the test for determining whether a risk is material and whether there has been a breach of the duty of disclosure? (Ontario, Canada)
What is the test to determine whether legislation properly falls within the legislative jurisdiction of one or the other level of government? (Ontario, Canada)
What is the test for determining whether a plaintiff’s life would have gone without the tortious injury? (Ontario, Canada)
Can a physician obtain consent to cauterize or cut the fallopian tube without the consent of a patient? (Ontario, Canada)
What is the test for determining whether a surgeon breached their duty of disclosure by failing to disclose material risks to a patient? (Ontario, Canada)
