What is the duty of disclosure of medical malpractice in medical malpractices?
British Columbia, Canada
The following excerpt is from Kern v. Forest, 2010 BCSC 938 (CanLII):
The duty to disclose takes into account the degree of probability of the risk and its seriousness. Thus, an unusual or improbable risk should be disclosed if its effects are serious. Conversely, a risk of minor harm should be disclosed if it is inherent or a probable result of the process: Rawlings v. Lindsay (1982), 21 C.C.L.T. 301 (B.C.S.C.).
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