What is the duty of a medical malpractice officer to disclose information to a patient?
British Columbia, Canada
The following excerpt is from Cojocaru (Guardian Ad Litem) v. British Columbia Women's Hospital, 2009 BCSC 494 (CanLII):
Another aspect of this duty is the protection of a patient’s bodily integrity and autonomy. On this aspect, Cory J. wrote in Ciarelariello v. Schacter, 1993 CanLII 138 (SCC), [1993] 2 S.C.R. 119, 100 D.L.R. (4th) 609 at 618: It should not be forgotten that every patient has a right to bodily integrity. This encompasses the right to determine what medical procedures will be accepted and the extent to which they will be accepted. Everyone has the right to decide what is to be done to one’s own body. This includes the right to be free from medical treatment to which the individual does not consent. This concept of individual autonomy is fundamental to the common law and is the basis for the requirement that disclosure be made to a patient.
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