What is the burden of proving that a doctor breached a plaintiff's duty of disclosure?
Alberta, Canada
The following excerpt is from Nattrass v. Weber, 2007 ABQB 577 (CanLII):
In order for a plaintiff to show that a doctor breached the duty of disclosure, the plaintiff bears the burden of proving that he was not informed of all material risks associated with the treatment, and a reasonable person in his circumstances, properly informed of all the material risks, would not have consented to the treatment: Keller v. Penkoske, 2004 ABCA 4, 348 A.R. 54 at paras. 33-34.
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