Does a surgeon have a duty to disclose all possible risks of surgery?
Alberta, Canada
The following excerpt is from Duperron v. Elliott, 2011 ABQB 204 (CanLII):
In Hopp v. Lepp 1980 CanLII 14 (SCC), [1980] 2 S.C.R. 192, it was held at para. 34, that a surgeon has a duty to disclose the nature of the proposed operation, its gravity, any material risks and any unusual or special risks attendant upon the performance of the operation. No authority has been cited which supports the proposition that a surgeon is required to disclose all possible risks of surgery.
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